This article introduces the idea of ‘dependence subtexts’ to explain how the stories that we encounter in property theory and public rhetoric function to make some actors appear ‘independent’, and thus capable of acquiring property in their own right, while making other actors appear ‘dependent’ and thus incapable of acquiring property. The argument develops the idea of ‘dependence subtexts’ out of the work of legal scholar Carol Rose and political theorist Carole Pateman, before using it as a tool for contrasting (...) the canonical property stories of John Locke and Pierre-Joseph Proudhon. We argue that the link between property and dependence provides a useful starting point for understanding issues of economic justice that share a common political problem: how do we choose to govern the relation between dependence and independence through the institution of property? (shrink)

What is to be learned from the chaotic downfall of the Weimar Republic and the erosion of European liberal statehood in the interwar period vis-a-vis the ongoing European crisis? This book analyses and explains the recurrent emergence of crises in European societies. It asks how previous crises can inform our understanding of the present crisis. The particular perspective advanced is that these crises not only are economic and social crises, but must also be understood as crises of public power, order (...) and authority. In other words, it argues that substantial challenges to the functional and normative setup of democracy and the rule of law were central to the emergence and the unfolding of these crises. The book draws on and adds to the rich ’crises literature’ developed within the critical theory tradition to outline a conceptual framework for understanding what societal crises are. The central idea is that societal crises represent a discrepancy between the unfolding of social processes and the institutional frameworks that have been established to normatively stabilize such processes. The crises at issue emerged in periods characterized by strong social, economic and technological transformations as well as situations of political upheaval. As such, the crises represented moments where the existing functional and normative grid of society, as embodied in notions of public order and authority, were severely challenged and in many instances undermined. Seen in this perspective, the book reconstructs how crises unfolded, how they were experienced, and what kind of responses the specific crises in question provoked. -/- Table of Contents -/- Introduction: European Crises of Public Power: From Weimar until Today, Poul F. Kjaer & Niklas Olsen / Part I: Semantics, Notions and Narratives of Societal Crisis / 1. What Time Frame Makes Sense for Thinking About Crises?, David Runciman / 2. The Stakes of Crises, Janet Roitman / Part II: Weimar and the Interwar Period: Ideologies of Anti-Modernism and Liberalism / 3. The Crisis of Modernity – Modernity as Crisis: Towards a Typology of Crisis Discourses in Interwar East Central Europe and Beyond, Balázs Trencsényi / 4. European Legitimacy Crisis – Weimar and Today: Rational and Theocratic Authority in the Schmitt-Strauss Exchange, John P. McCormick / 5. Crisis and the Consumer: Reconstructions of Liberalism in Twentieth Century Political Thought , Niklas Olsen / Part III: The Causes of Crises: From Corporatism to Governance / 6. The Constitutionalization of Labour Law and the Crisis of National Democracy , Chris Thornhill / 7. The Crisis in Labour Law: From Weimar to Austerity Ruth Dukes / 8. From the Crisis of Corporatism to the Crisis of Governance, Poul F. Kjaer / Part IV: The Euro and the Crisis of Law and Democracy / 9. What is left of the European Economic Constitution II? From Pyrrhic Victory to Cannae Defeat Christian Joerges / 10. Reflections on Europe’s “Rule of Law Crisis”, Jan-Werner Müller. 11. Democracy under Siege: The Decay of Constitutionalisation and the Crisis of Public Law and Public Opinion, Hauke Brunkhorst/ Part V: The Consequences of Crises and the Future of Europe / 12. Crises and Extra-Legality: From Above and From Below, William E. Scheuermann / 13. “We could all go Down the Road of Lebanon” – Crisis Thinking on the Anti-Muslim Far Right, Mikkel Thorup / 14. Conclusions and Perspectives: The Re-Constitution of Europe, Poul F. Kjaer & Niklas Olsen Index . (shrink)

This is the Introduction and Chapter 1.1 of the book ‘Scientific Testimony. Its roles in science and society’ (OUP 2022). The introduction contains a brief survey of the book’s chapters and main conclusions, which I hope will be useful to the curious ones.

I consider a number of questions for foundational epistemology that arise from further reflection on salience of alternatives and epistemic position. On this basis, I turn to more applied issues. First, I will consider work in social psychology to motivate the working-hypothesis that social stereotypes will make some alternatives more, and some less, salient. A related working-hypothesis is that social stereotypes may lead to both overestimation and underestimation of a subject’s epistemic position. If these working-hypotheses are true, the outcome may (...) be a distinctive route to epistemic injustice. (shrink)

It is often presupposed that an anti-individualist about representational mental states must choose between two accounts of no-reference cases. One option is said to be an ‘illusion of thought’ version according to which the subject in a no-reference case fails to think a first-order thought but rather has the illusion of having one. The other is a ‘descriptive’ version according to which one thinks an empty thought via a description. While this presupposition is not uncommon, it rarely surfaces in an (...) explicit manner. Often, it is visible only when a theorist argues directly from the falsity of one of the two views to the truth of the other. However, Jessica Brown’s recent work on anti-individualism clearly illustrates the presupposition. In contention with Brown’s and others presupposition, arguments for two conclusions about the nature of anti-individualism are set forth. First, the choice between the illusion and descriptive version of anti-individualism is a dilemma. Each version of anti-individualism is prone to problems. Second, the choice is a false dilemma. There is another, less problematic, anti-individualistic account of reference failure. (shrink)

I develop an epistemic focal bias account of certain patterns of judgments about knowledge ascriptions by integrating it with a general dual process framework of human cognition. According to the focal bias account, judgments about knowledge ascriptions are generally reliable but systematically fallible because the cognitive processes that generate them are affected by what is in focus. I begin by considering some puzzling patters of judgments about knowledge ascriptions and sketch how a basic focal bias account seeks to account for (...) them. In doing so, I argue that the basic focal bias account should be integrated in a more general framework of human cognition. Consequently, I present some central aspects of a prominent general dual process theory of human cognition and discuss how focal bias may figure at various levels of processing. On the basis of this discussion, I attempt to categorize the relevant judgments about knowledge ascriptions. Given this categorization, I argue that the basic epistemic focal bias account of certain contrast effects and salient alternatives effects can be plausibly integrated with the dual process framework. Likewise, I try to explain the absence of strong intuitions in cases of far-fetched salient alternatives. As a manner of conclusion, I consider some methodological issues concerning the relationship between cognitive psychology, experimental data and epistemological theorizing. -/- . (shrink)

I begin by criticizing reductionist knowledge-first epistemology according to which knowledge can be used to reductively analyze other epistemic phenomena. My central concern is that proponents of such an approach commit a similar mistake to the one that they charge their opponents with. This is the mistake of seeking to reductively analyze basic epistemic phenomena in terms of other allegedly more fundamental phenomena. I then turn to non-reductionist brands of knowledge-first epistemology. Specifically, I consider the knowledge norms of assertion and (...) contrast them with an alternative that I have developed elsewhere (Gerken 2011, 2012a, 2013b, 2014, 2015a, 2015c, MS). On the basis of the critical discussion, I question whether a knowledge-first program that is both plausible and distinctive has been identified. On a more positive note, I sketch the contours of an alternative that I label ‘equilibristic epistemology.’ According to this approach, there isn’t a single epistemic phenomenon or concept that is “first.” Rather, there are a number of basic epistemic phenomena that are not reductively analyzable although they may be co-elucidated in a non-reductive manner. This approach preserves some grains of truth in knowledge-first epistemology. For example, it preserves the idea that knowledge can be taken to be explanatorily basic and unanalyzable. However, since no single epistemic phenomenon is first, knowledge is not first. (shrink)

I present a challenge to epistemological pragmatic encroachment theories from epistemic injustice. The challenge invokes the idea that a knowing subject may be wronged by being regarded as lacking knowledge due to social identity prejudices. However, in an important class of such cases, pragmatic encroachers appear to be committed to the view that the subject does not know. Hence, pragmatic encroachment theories appear to be incapable of accounting for an important type of injustice – namely, discriminatory epistemic injustice. Consequently, pragmatic (...) encroachment theories run the risk of obscuring or even sanctioning epistemically unjust judgments that arise due to problematic social stereotypes or unjust folk epistemological biases. In contrast, the epistemological view that rejects pragmatic encroachment – namely, strict purist invariantism – is capable of straightforwardly diagnosing the cases of discriminatory epistemic injustice as such. While the challenge is not a conclusive one, it calls for a response. Moreover, it illuminates very different conceptions of epistemology’s role in mitigating epistemic injustice. (shrink)

I will argue that cases of massive deception, such as New Evil Demon cases, as well as one-off cases of local deception present challenges to views according to which epistemic reasons, epistemic warrant, epistemic rationality or epistemic norms are factive. In doing so, I will argue is that proponents of a factive turn in epistemology should observe important distinctions between what are often simply referred to as ‘bad cases.’ Recognizing epistemologically significant differences between deception cases raises serious challenges for those (...) who deny a central role for non-factive aspects of epistemology. (shrink)

The purpose of the present chapter is to survey the work on epistemic norms of action, practical deliberation and assertion and to consider how these norms are interrelated. On a more constructive note, we will argue that if there are important similarities between the epistemic norms of action and assertion, it has important ramifications for the debates over speech acts and harm. Thus, we hope that the chapter will indicate how thinking about assertions as a speech act can benefit from (...) a broader action theoretic setting. We will proceed as follows. In Section 2, we provide a survey of epistemic norms of action and practical deliberation. In Section 3, we turn to the epistemic norms of assertion. In Section 4, we consider arguments for and against commonality of the epistemic norms of actions, practical deliberation and assertion. In Section 5, we discuss some of the ramifications of the debates over epistemic norms of assertion such as whether they may be extended to other linguistic phenomena such as Gricean implicature. In Section 6, we consider the consequences of the debate about the epistemic norms of action and practical deliberation for debates about speech and harm. (shrink)

I will consider disagreement from a communal perspective. Thus, my focus will not primarily be on disagreement between different groups although this case will figure as well. My main focus is on the epistemic pros and cons of disagreement for a community and on how the social structure of the community bears on these pros and cons. A central lesson will be that disagreement has more epistemic costs at the communal level than is often recognized, and that these epistemic costs (...) often yield epistemic injustice. (shrink)

Modal rationalists uphold a strong constitutive relationship between a priori cognition and modal cognition. Since both a priori cognition and modal cognition have been taken to be characteristic of philosophical insights, I will critically assess an ambitious modal rationalism and an associated ambitious methodological rationalism. I begin by examining Kripkean cases of the necessary a posteriori in order to characterize the ambitious modal rationalism that will be the focus of my criticism. I then argue that there is a principled association (...) between this view in the epistemology of modality and an ambitious methodological rationalist picture of the nature of philosophical insights. On the basis of this discussion, I criticize ambitious modal rationalism and argue that the critique indicates some principled limits of generating philosophical insights by a priori modal cognition. Hence, my central diagnosis is that ambitious methodological rationalists are overly ambitious in the role that they assign a priori modal cognition in philosophical methodology. -/-. (shrink)

I argue for three points: First, evidence of the primacy of knowledge representation is not evidence of primacy of knowledge. Second, knowledge-oriented mindreading research should also focus on misrepresentations and biased representations of knowledge. Third, knowledge-oriented mindreading research must confront the problem of the gold standard that arises when disagreement about knowledge complicates the interpretation of empirical findings.

Pragmatic encroachment theories of knowledge may be characterized as views according to which practical factors may partly determine the truth-value of ascriptions that S knows that p – even though these factors do not partly determine S’s belief that p or p itself. The pros and cons of variations of pragmatic encroachment are widely discussed in epistemology. But despite a long pragmatist tradition in the philosophy of science, few efforts have been devoted to relate this particular view to issues in (...) philosophy of science. Consequently, a central aim of the present paper is to consider how the contemporary debates over pragmatic encroachment connect to philosophy of science. More specifically, I will set forth some arguments against the idea of pragmatic encroachment on scientific knowledge. Moreover, I will argue that it is not plausible to respond to these arguments by embedding pragmatic encroachment in the anti-realist framework of constructive empiricism. So, I conclude that there are good reasons to reject pragmatic encroachment theories of scientific knowledge. (shrink)

Metaepistemology may be partly characterized as the study of the nature, aims, methods and legitimacy of epistemology. Given such a characterization, most epistemological views and theories have an important metaepistemological aspect or, at least, a number of more or less explicit metaepistemological commitments. Metaepistemology is an important area of philosophy because it exemplifies that philosophy must serve as its own meta-discipline by continuously reflecting critically on its own methods and aims. Even though philosophical methodology may be regarded as a branch (...) of epistemology, epistemology itself is as much in need of metaphilosophical examination as other core disciplines of philosophy. Moreover, metaepistemology is important because it bears significantly on first-order epistemological questions. Indeed, many of the most prominent contemporary debates in philosophy have a distinctly metaepistemological aspect. For example, the debates between rationalists and empiricists do not only concern the nature of cognition of specific areas – perception, arithmetic, logic and so forth – but also general metaepistemological questions about whether it is realistic and desirable that epistemology be naturalized. Likewise, the debates between epistemic internalists and externalists include metaepistemological debates about whether the proper focus for epistemology should be the cognizer’s rational perspective or some more objective property of the cognizer’s epistemic position. Similarly, the debates concerning the relationship between folk epistemology and epistemological theorizing include metaepistemological debates about how empirical data concerning folk epistemology should impact epistemology itself. Each of these debates provides an example of how first-order epistemological issues are deeply connected, and sometimes inseparable from, metaepistemological considerations. (shrink)

Tyler Burge is an American philosopher whose body of work spans several areas of theoretical philosophy in the analytic tradition. While Burge has made important contributions to the philosophy of language and logic, he is most renowned for his work in philosophy of mind and epistemology. In particular, he is known for articulating and developing a view he labels ‘anti-individualism.’ In his later work, Burge connects his views with state-of-the-art scientific theory. Despite this emphasis on empirical considerations, Burge stands in (...) an important relationship to the rationalist tradition in philosophy. This entry surveys Burge’s work and seeks to situate it in the larger philosophical landscape. (shrink)

This is an appendix containing the stimulus materials for the experiments reported in the paper ‘Salient Alternatives in Perspective.’.

This is the Introduction to "On Folk Epistemology. How we think and talk about knowledge" -/- In addition to a brief introduction to the main themes of the book, it contains a chapter-by-chapter overview.

In this entry, we provide an overview of some of the methodological debates surrounding contextualism and consider whether they are, in effect, based on an underlying methodological dispute. We consider three modes of motivation of epistemic contextualism including i) the method of cases, ii) the appeal to linguistic analogies and iii) the appeal to conceptual analogies and functional roles. We also consider the methodological debates about contextualism arising from experimental philosophy. We conclude that i) there is no distinctive methodological doctrine (...) or set of methodological doctrines that is centrally invoked by all epistemic contextualists and ii) the substantive dispute about the truth of contextualism very frequently, although not invariably, reflects an underlying methodological dispute. (shrink)

Introduction to the collection "Knowledge Ascriptions" (eds. Brown, J. and Gerken, M.).

This critical study of Anthony Brueckner’s essay collection on skepticism emphasizes interconnections between the various essays. In particular, it considers Brueckner’s discussion of transcendental anti-skeptical arguments from the theses of anti-individualism and privileged self-knowledge. Finally, some overarching methodological lessons are drawn.

Certain well-known intuitions suggest that, contrary to traditional thinking in epistemology, knowledge judgements are shifty—i.e., that judgements about whether somebody knows something can shift in stringency with context. Some take these intuitions to show that knowledge judgements are shifty. Jennifer Nagel and Mikkel Gerken have argued, however, that closer attention to the psychological processes which underlie knowledge judgements shows how traditional non-shifty thinking can be preserved. They each defend moderate classical invariantism—the view that the epistemic standard for knowing is (...) always moderate—by drawing on recent work in cognitive psychology. This paper argues that neither attempt succeeds. (shrink)