This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...) abnormal in the sense of calling for special, independent explanation. This conception of justification bears upon a range of topics in epistemology and beyond. Ultimately, this way of looking at justification guides us to a new, unfamiliar picture of how we should respond to our evidence and manage our own fallibility. This picture is developed here. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

According to a captivating picture, epistemic justification is essentially a matter of epistemic or evidential likelihood. While certain problems for this view are well known, it is motivated by a very natural thought—if justification can fall short of epistemic certainty, then what else could it possibly be? In this paper I shall develop an alternative way of thinking about epistemic justification. On this conception, the difference between justification and likelihood turns out to be akin to the more widely recognised difference (...) between ceteris paribus laws and brute statistical generalisations. I go on to discuss, in light of this suggestion, issues such as classical and lottery-driven scepticism as well as the lottery and preface paradoxes. (shrink)

According to the principle of Conjunction Closure, if one has justification for believing each of a set of propositions, one has justification for believing their conjunction. The lottery and preface paradoxes can both be seen as posing challenges for Closure, but leave open familiar strategies for preserving the principle. While this is all relatively well-trodden ground, a new Closure-challenging paradox has recently emerged, in two somewhat different forms, due to Backes :3773–3787, 2019a) and Praolini :715–726, 2019). This paradox synthesises elements (...) of the lottery and the preface and is designed to close off the familiar Closure-preserving strategies. By appealing to a normic theory of justification, I will defend Closure in the face of this new paradox. Along the way I will draw more general conclusions about justification, normalcy and defeat, which bear upon what Backes :2877–2895, 2019b) has dubbed the ‘easy defeat’ problem for the normic theory. (shrink)

Theories of epistemic justification are commonly assessed by exploring their predictions about particular hypothetical cases – predictions as to whether justification is present or absent in this or that case. With a few exceptions, it is much less common for theories of epistemic justification to be assessed by exploring their predictions about logical principles. The exceptions are a handful of ‘closure’ principles, which have received a lot of attention, and which certain theories of justification are well known to invalidate. But (...) these closure principles are only a small sample of the logical principles that we might consider. In this paper, I will outline four further logical principles that plausibly hold for justification and two which plausibly do not. While my primary aim is just to put these principles forward, I will use them to evaluate some different approaches to justification and (tentatively) conclude that a ‘normic’ theory of justification best captures its logic. (shrink)

This paper, while neutral on questions about the minimality of truth, argues for the non-minimality of truth-aptness.

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

A ‘lottery belief’ is a belief that a particular ticket has lost a large, fair lottery, based on nothing more than the odds against it winning. The lottery paradox brings out a tension between the idea that lottery beliefs are justified and the idea that that one can always justifiably believe the deductive consequences of things that one justifiably believes – what is sometimes called the principle of closure. Many philosophers have treated the lottery paradox as an argument against the (...) second idea – but I make a case here that it is the first idea that should be given up. As I shall show, there are a number of independent arguments for denying that lottery beliefs are justified. (shrink)

A de minimis risk is defined as a risk that is so small that it may be legitimately ignored when making a decision. While ignoring small risks is common in our day-to-day decision making, attempts to introduce the notion of a de minimis risk into the framework of decision theory have run up against a series of well-known difficulties. In this paper, I will develop an enriched decision theoretic framework that is capable of overcoming two major obstacles to the modelling (...) of de minimis risk. The key move is to introduce, into decision theory, a non-probabilistic conception of risk known as normic risk. (shrink)

The COVID-19 pandemic revealed numerous weaknesses in pandemic preparedness and response, including underfunding, inadequate surveillance, and inequitable distribution of countermeasures. To overcome these weaknesses for future pandemics, WHO released a zero draft of a pandemic treaty in February, 2023, and subsequently a revised bureau's text in May, 2023. COVID-19 made clear that pandemic prevention, preparedness, and response reflect choices and value judgements. These decisions are therefore not a purely scientific or technical exercise, but are fundamentally grounded in ethics. The latest (...) treaty draft reflects these ethical considerations by including a section entitled Guiding Principles and Approaches. Most of these principles are ethical—they establish core values that undergird the treaty. Unfortunately, the treaty draft's set of principles are numerous, overlapping, and show inadequate coherence and consistency. We propose two improvements to this section of the draft pandemic treaty. First, key guiding ethical principles should be clearer and more precise than they currently are. Second, the link between ethical principles and policy implementation should be clearly established and define boundaries on acceptable interpretation, ensuring that signatories abide by these principles. (shrink)

One of the most intriguing claims in Sven Rosenkranz’s Justification as Ignorance is that Timothy Williamson’s celebrated anti-luminosity argument can be resisted when it comes to the condition ~K~KP—the condition that one is in no position to know that one is in no position to know P. In this paper, I critically assess this claim.

In this paper I defend the claim that justification is closed under conjunction, and confront its most alarming consequence — that one can have justification for believing propositions that are unlikely to be true, given one's evidence.

Our understanding of subjunctive conditionals has been greatly enhanced through the use of possible world semantics and, more precisely, by the idea that they involve variably strict quantification over possible worlds. I propose to extend this treatment to ceteris paribus conditionals – that is, conditionals that incorporate a ceteris paribus or ‘other things being equal’ clause. Although such conditionals are commonly invoked in scientific theorising, they traditionally arouse suspicion and apprehensiveness amongst philosophers. By treating ceteris paribus conditionals as a species (...) of variably strict conditional I hope to shed new light upon their content and their logic. (shrink)

In this paper I draw attention to a peculiar epistemic feature exhibited by certain deductively valid inferences. Certain deductively valid inferences are unable to enhance the reliability of one's belief that the conclusion is true—in a sense that will be fully explained. As I shall show, this feature is demonstrably present in certain philosophically significant inferences—such as GE Moore's notorious 'proof' of the existence of the external world. I suggest that this peculiar epistemic feature might be correlated with the much (...) discussed phenomenon that Crispin Wright and Martin Davies have called 'transmission failure'—the apparent failure, on the part of some deductively valid inferences to transmit one's justification for believing the premises. (shrink)

In a recent paper in this journal Duncan Pritchard responds to an objection to the modal account of risk pressed by Ebert, Smith and Durbach ( 2020 ). In this paper, I expand upon the objection and argue that it still stands. I go on to consider a more general question raised by this exchange – whether risk is ‘objective’, or whether it is something that varies from one perspective to another.

Say that two goals are normatively coincident just in case one cannot aim for one goal without automatically aiming for the other. While knowledge and justification are distinct epistemic goals, with distinct achievement conditions, this paper begins from the suggestion that they are nevertheless normatively coincident—aiming for knowledge and aiming for justification are one and the same activity. A number of surprising consequences follow from this—both specific consequences about how we can ascribe knowledge and justification in lottery cases and more (...) general consequences about the nature of justification and the relationship between justification and evidential probability. Many of these consequences turn out to be at variance with conventional, prevailing views. (shrink)

In ‘The normative role of knowledge’ (2012), Declan Smithies defends a ‘JK-rule’ for belief: One has justification to believe that P iff one has justification to believe that one is in a position to know that P. Similar claims have been defended by others (Huemer, 2007, Reynolds, forthcoming). In this paper, I shall argue that the JK-rule is false. The standard and familiar way of arguing against putative rules for belief or assertion is, of course, to describe putative counterexamples. My (...) argument, though, won’t be like this – indeed I doubt that there are any intuitively compelling counterexamples to the JK-rule. Nevertheless, the claim that there are counterexamples to the JK-rule can, I think, be given something approaching a formal proof. My primary aim here is to sketch this proof. I will briefly consider some broader implications for how we ought to think about the epistemic standards governing belief and assertion. (shrink)

Many epistemologists have responded to the lottery paradox by proposing formal rules according to which high probability defeasibly warrants acceptance. Douven and Williamson present an ingenious argument purporting to show that such rules invariably trivialise, in that they reduce to the claim that a probability of 1 warrants acceptance. Douven and Williamson’s argument does, however, rest upon significant assumptions – amongst them a relatively strong structural assumption to the effect that the underlying probability space is both finite and uniform. In (...) this paper, I will show that something very like Douven and Williamson’s argument can in fact survive with much weaker structural assumptions – and, in particular, can apply to infinite probability spaces. (shrink)

In this paper I investigate whether there are any cases in which it is rational for a person to hold inconsistent beliefs and, if there are, just what implications this might have for the theory of epistemic justification. A number of issues will crop up along the way – including the relation between justification and rationality, the nature of defeat, the possibility of epistemic dilemmas, the importance of positive epistemic duties, and the distinction between transitional and terminal attitudes.

The _Principle of Indifference_ was once regarded as a linchpin of probabilistic reasoning, but has now fallen into disrepute as a result of the so-called _problem of multiple of partitions_. In ‘Evidential symmetry and mushy credence’ Roger White suggests that we have been too quick to jettison this principle and argues that the problem of multiple partitions rests on a mistake. In this paper I will criticise White’s attempt to revive POI. In so doing, I will argue that what underlies (...) the problem of multiple partitions is a fundamental tension between POI and the very idea of _evidential incomparability_. (shrink)

A moral requirement R1 is said to be lexically prior to a moral requirement R2 just in case we are morally obliged to uphold R1 at the expense of R2 – no matter how many times R2 must be violated thereby. While lexical priority is a feature of many ethical theories, and arguably a part of common sense morality, attempts to model it within the framework of decision theory have led to a series of problems – a fact which is (...) sometimes spun as a ‘decision theoretic critique’ of lexical priority. In this paper, I develop an enriched decision theoretic framework that is capable of modelling lexical priority while avoiding all extant problems. This will involve introducing several new ingredients into the standard decision theoretic framework, including multidimensional utilities, de minimis risks, and the means to represent two different conceptions of risk. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

Entitlement is defined as a sort of epistemic justification that one can possess by default – a sort of epistemic justification that does not need to be earned or acquired. Epistemologists who accept the existence of entitlement generally have a certain anti-sceptical role in mind for it – entitlement is intended to help us resist what would otherwise be compelling radical sceptical arguments. But this role leaves various details unspecified and, thus, leaves scope for a number of different potential conceptions (...) of entitlement. At one extreme there are conceptions that portray entitlement as a weak, attenuated epistemic status and, at the other, we have conceptions that portray entitlement as something potent and strong. Certain intermediate conceptions are also possible. In this paper, I shall argue that the weak and intermediate conceptions of entitlement do not survive careful scrutiny, and the stronger conceptions – while they do, in a way, strain credulity – are the only conceptions that are ultimately viable. (shrink)

Some random processes, like a series of coin flips, can produce outcomes that seem particularly remarkable or striking. This paper explores an epistemic puzzle that arises when thinking about these outcomes and asking what, if anything, we can justifiably believe about them. The puzzle has no obvious solution, and any theory of epistemic justification will need to contend with it sooner or later. The puzzle proves especially useful for bringing out the differences between three prominent theories; the probabilist theory, the (...) normic theory and a theory recently defended by Goodman and Salow. (shrink)

In this paper I will compare two competing accounts of assertion: the knowledge account and the justified belief account. When it comes to the evidence that is typically used to assess accounts of assertion – including the evidence from lottery propositions, the evidence from Moore’s paradoxical propositions and the evidence from conversational patterns – I will argue that the justified belief account has at least as much explanatory power as its rival. I will argue, finally, that a close look at (...) the ways in which assertions can be challenged and retracted reveals a certain advantage for the justified belief account. The paper will touch upon a number of further topics along the way, including the logical interaction between knowledge and justified belief, the nature of defeat, and the hypothesis that knowledge and justified belief are normatively coincident goals. (shrink)

My concern in this paper is with the claim that knowledge is a mental state – a claim that Williamson places front and centre in Knowledge and Its Limits. While I am not by any means convinced that the claim is false, I do think it carries certain costs that have not been widely appreciated. One source of resistance to this claim derives from internalism about the mental – the view, roughly speaking, that one’s mental states are determined by one’s (...) internal physical state. In order to know that something is the case it is not, in general, enough for one’s internal physical state to be a certain way – the wider world must also be a certain way. If we accept that knowledge is a mental state, we must give up internalism. One might think that this is no cost, since much recent work in the philosophy of mind has, in any case, converged on the view that internalism is false. This thought, though, is too quick. As I will argue here, the claim that knowledge is a mental state would take us to a view much further from internalism than anything philosophers of mind have converged upon. (shrink)

The epistemology of religion is the branch of epistemology concerned with the rationality, the justificatory status and the knowledge status of religious beliefs – most often the belief in the existence of an omnipotent, omniscient and loving God as conceived by the major monotheistic religions. While other sorts of religious beliefs – such as belief in an afterlife or in disembodied spirits or in the occurrence of miracles – have also been the focus of considerable attention from epistemologists, I shall (...) concentrate here on belief in God. There were a number of significant works in the epistemology of religion written during the early and mid Twentieth Century. The late Twentieth Century, however, saw a surge of interest in this area, fuelled by the work of philosophers such as William Alston, Alvin Plantinga and Linda Zagzebski amongst others. Alston, Plantinga and Zagzebski succeeded in importing, into the epistemology of religion, various new ideas from mainstream epistemology – in particular, externalist approaches to justification, such as reliabilism, and virtue theoretic approaches to knowledge (see, for instance, Alston, 1986, 1991, Plantinga, 1988, 2000, Zagzebski, 1993a, 1993b). This laid fertile ground for new research – questions about the justificatory and knowledge status of belief in God begin to look very different when viewed through the lens of theories such as these. I will begin by surveying some of this groundbreaking work in the present article, before moving on to work from the last five years – a period in which the epistemology of religion has again received impetus from a number of ideas from mainstream epistemology; ideas such as pragmatic encroachment, phenomenal conservatism and externalist theories of evidence. (shrink)

In this paper, I offer reasons for thinking that two prominent sceptical arguments in the literature – the underdetermination-based sceptical argument and the closure-based sceptical argument – are less philosophically interesting than is commonly supposed. The underdetermination-based argument begs the question against a non-sceptic and can be dismissed with little fanfare. The closure-based argument, though perhaps not question-begging per se, does rest upon contentious assumptions that a non-sceptic is under no pressure to accept.

In a recent paper, Björn Lundgren and H. Orri Stefánsson (forthcoming) present three objections to normic de minimis expected utility theory (NDEUT) – a decision theoretic framework defended in Smith (2024). In this paper, I respond to these objections and outline some possible ways in which NDEUT might be modified or further developed. Like any de minimis framework, NDEUT employs a risk threshold to sort possibilities into those that must be considered when making a decision, and those that can be (...) legitimately ignored – the so-called ‘de minimis risks’. While this threshold would usually take the form of a probability value, in NDEUT the de minimis risks are identified instead on the basis of their abnormality. In the first section I will set up some of the formalism used in NDEUT and consider Lundgren and Stefánsson’s first objection – which is essentially formal in nature. In the second section I will delve further into the interpretation of NDEUT and consider the second and third objections, which turn on particular examples. (shrink)

Many philosophers accept that, as well as having a right that others not harm us, we also have a right that others not subject us to a risk of harm. And yet, when we attempt to spell out precisely what this ‘right against risk imposition’ involves, we encounter a series of notorious puzzles. Existing attempts to deal with these puzzles have tended to focus on the nature of rights – but I propose an approach that focusses instead on the nature (...) of risk. The key move is to distinguish two different ways in which to conceptualise the risk that a given action presents – one of which is linked to the notion of probability and the other to the notion of normalcy. (shrink)

_ Source: _Page Count 9 Global sceptical arguments seek to undermine vast swathes of our putative knowledge by deploying hypotheses that posit massive deception or error. Local sceptical arguments seek to undermine just a small region of putative knowledge, using hypotheses that posit deception or error of a more mundane kind. Those epistemologists who have devised anti-sceptical strategies have tended to have global sceptical arguments firmly in their sights. I argue here that local sceptical arguments, while less dramatic, ultimately pose (...) just as serious a challenge to our epistemic self-image and that some prominent anti-sceptical strategies are very poorly placed to meet it. (shrink)

In this paper I explore some ideas inspired by Federico Picinali’s Justice In-Between: A Study of Intermediate Criminal Verdicts. Picinali makes a case for the introduction of intermediate options in criminal trials – verdicts with consequences that are harsher than an acquittal, but not so harsh as a conviction. From a certain perspective, the absence of intermediate options in criminal trials is puzzling – out of kilter with much of our everyday decision-making and, perhaps, with the recommendations of expected utility (...) theory. I will argue, however, that the lack of intermediate options is much less puzzling when put in the context of our ordinary practices of blame and non-legal punishment. (shrink)

In Knowledge and Lotteries, John Hawthorne offers a diagnosis of our unwillingness to believe, of a given lottery ticket, that it will lose a fair lottery – no matter how many tickets are involved. According to Hawthorne, it is natural to employ parity reasoning when thinking about lottery outcomes: Put roughly, to believe that a given ticket will lose, no matter how likely that is, is to make an arbitrary choice between alternatives that are perfectly balanced given one’s evidence. It’s (...) natural to think that parity reasoning is only applicable to situations involving lotteries dice, spinners etc. – in short, situations in which we are reasoning about the outcomes of a putatively random process. As I shall argue in this paper, however, there are reasons for thinking that parity reasoning can be applied to any proposition that is less than certain given one’s evidence. To see this, we need only remind ourselves of a kind of argument employed by John Pollock and Keith Lehrer in the 1980s. If this argument works, then believing any uncertain proposition, no matter how likely it is, involves a (covert) arbitrary or capricious choice – an idea that contains an obvious sceptical threat. (shrink)

Given a few assumptions, the probability of a conjunction is raised, and the probability of its negation is lowered, by conditionalising upon one of the conjuncts. This simple result appears to bring Bayesian confirmation theory into tension with the prominent dogmatist view of perceptual justification – a tension often portrayed as a kind of ‘Bayesian objection’ to dogmatism. In a recent paper, David Jehle and Brian Weatherson observe that, while this crucial result holds within classical probability theory, it fails within (...) intuitionistic probability theory. They conclude that the dogmatist who is willing to take intuitionistic logic seriously can make a convincing reply to the Bayesian objection. In this paper, I argue that this conclusion is premature – the Bayesian objection can survive the transition from classical to intuitionistic probability, albeit in a slightly altered form. I shall conclude with some general thoughts about what the Bayesian objection to dogmatism does and doesn’t show. (shrink)

There are a number of apparent parallels between belief in God and belief in the existence of an external world beyond our experiences. Both beliefs would seem to condition one's overall view of reality and one's place within it – and yet it is difficult to see how either can be defended. Neither belief is likely to receive a purely a priori defence and any empirical evidence that one cites either in favour of the existence of God or the existence (...) of the external world would seem to blatantly beg the question against a doubter. I will explore just how far this parallel can be pushed by examining some strategies for resisting external world scepticism1. (shrink)

NOTE: This paper is a reworking of some aspects of an earlier paper – ‘What else justification could be’ and also an early draft of chapter 2 of Between Probability and Certainty. I'm leaving it online as it has a couple of citations and there is some material here which didn't make it into the book (and which I may yet try to develop elsewhere). My concern in this paper is with a certain, pervasive picture of epistemic justification. On this (...) picture, acquiring justification for believing something is essentially a matter of minimising one’s risk of error – so one is justified in believing something just in case it is sufficiently likely, given one’s evidence, to be true. This view is motivated by an admittedly natural thought: If we want to be fallibilists about justification then we shouldn’t demand that something be certain – that we completely eliminate error risk – before we can be justified in believing it. But if justification does not require the complete elimination of error risk, then what could it possibly require if not its minimisation? If justification does not require epistemic certainty then what could it possibly require if not epistemic likelihood? When all is said and done, I’m not sure that I can offer satisfactory answers to these questions – but I will attempt to trace out some possible answers here. The alternative picture that I’ll outline makes use of a notion of normalcy that I take to be irreducible to notions of statistical frequency or predominance. (shrink)

In this paper I argue that Christopher Kutz misapplies his theory of joint action when he attributes shareowners responsibilities on the basis of their intentional participation in the corporations in which they invest. Instead I propose that his theory of joint action should be used to attribute shareowners responsibilities on the basis of their intentional participation in the stock market. If shareholders’ accountability is grounded in their intentional participation in the stock market, then shareholders cannot take responsibility for corporation’s individual (...) actions. Instead they are solely responsible for the benefits they gain from holding shares if these are a result of moral wrongdoing and for this they should be held accountable. (shrink)

This paper looks at the specific proposed amendments to European directive 2007/36/EC and 2013/34/EU, and evaluates as to how such amendments alter shareholders’ moral responsibilities. To be responsible is here simply to be understood as being under an obligation, where an obligation is a requirement on an agent to either act or refrain from acting in a given way. In order to determine whether changes to the proposed directives alter shareholders’ moral responsibilities the following analysis argues that we need to (...) look at three factors: whether such changes do in fact alter the subject matter of shareholders’ obligations, a closer look at the agent i.e. shareholders to whom the obligation is to apply and thirdly whether they do actually apply. (shrink)

Report on Dagstuhl Seminar 07132, Schloss Dagstuhl, March 27-30 , 2007.