Jury science is fraught with difficulty. Since legal and institutional hurdles render it all but impossible to study live criminal jury deliberation, researchers make use of various indirect methods to evaluate jury performance. But each of these methods are open to methodological criticism and, strikingly, some of the highest-profile jury research programmes in recent years have reached opposing conclusions. Uncertainty about jury performance is an obstacle for legal reform—ongoing debates about the ‘justice gap’ for complainants of sexual offences has rendered (...) these problems stark. This paper proposes a way to advance the debate. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Researchers face perennial difficulties in studying live jury deliberation. As a result, the academic community struggles to reach a consensus on key matters of legal reform concerning jury trials. The hurdles faced by empirical jury researchers are often legal or institutional. This note argues that the legal and institutional barriers preventing live deliberation research should be removed and discusses two forms that live deliberation research could take.

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.

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)

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)

How did I raise my arm? The simple answer is that I raised it as a consequence of intending to raise it. A slightly more complicated response would mention the absence of any factors which would inhibit the execution of the intention- and a more complicated one still would specify the intention in terms of a goal (say, drinking a beer) which requires arm-raising as a means towards that end. Whatever the complications, the simple answer appears to be on the (...) right track. (shrink)

In this article, I outline a strategy for challenging J.L. Schellenberg’s hiddenness argument, and specifically the premise within the argument that asserts the existence of what Schellenberg calls nonresistant nonbelief. Drawing on some of the philosophical resources of skeptical theism, I show how this premise is based on a particular “noseeum assumption”—what I call Schellenberg’s Noseeum Assumption—that underwrites a particular “noseeum argument.” This assumption is that, regarding putative nonresistant nonbelievers, more likely than not we’d detect these nonbelievers’ resistance toward God (...) if there were any. I give reasons for thinking that it is not more reasonable to affirm than to refrain from affirming Schellenberg’s Noseeum Assumption, and so reason to think that the hiddenness argument is not a good argument for atheism. I also defend the strategy I outline against several objections. (shrink)

Despite playing an important role in epistemology, philosophy of science, and more recently in moral philosophy and aesthetics, the nature of understanding is still much contested. One attractive framework attempts to reduce understanding to other familiar epistemic states. This paper explores and develops a methodology for testing such reductionist theories before offering a counterexample to a recently defended variant on which understanding reduces to what an agent knows.

The phenomenon of disagreement has recently been brought into focus by the debate between contextualists and relativist invariantists about epistemic expressions such as ‘might’, ‘probably’, indicative conditionals, and the deontic ‘ought’. Against the orthodox contextualist view, it has been argued that an invariantist account can better explain apparent disagreements across contexts by appeal to the incompatibility of the propositions expressed in those contexts. This paper introduces an important and underappreciated phenomenon associated with epistemic expressions — a phenomenon that we call (...) reversibility. We argue that the invariantist account of disagreement is incompatible with reversibility, and we go on to show that reversible sentences cast doubt on the putative data about disagreement, even without assuming invariantism. Our argument therefore undermines much of the motivation for invariantism, and provides a new source for constraints on the proper explanation of purported data about disagreement. (shrink)

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)

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)

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)

It is widely accepted that knowledge of certain of one’s own mental states is authoritative in being epistemically more secure than knowledge of the mental states of others, and theories of self-knowledge have largely appealed to one or the other of two sources to explain this special epistemic status. The first, ‘detectivist’, position, appeals to an inner perception-like basis, whereas the second, ‘constitutivist’, one, appeals to the view that the special security awarded to certain self-knowledge is a conceptual matter. I (...) argue that there is a fundamental class of cases of authoritative self-knowledge, ones in which subjects are consciously thinking about their current, conscious intentional states, that is best accounted for in terms of a theory that is, broadly speaking, introspectionist and detectivist. The position developed has an intuitive plausibility that has inspired many who work in the Cartesian tradition, and the potential to yield a single treatment of the basis of authoritative self-knowledge for both intentional states and sensation states. (shrink)

This chapter contains section titled: Externalism and Authoritative Self‐Knowledge The “Fully Cartesian” Conception Externalism and Authoritative Self‐Knowledge A Suggestion.

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)

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)

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)

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)

Genetic testing in the workplace is a technology both full of promise and fraught with ethical peril. Though not yet common, it is likely to become increasingly so. We survey the key arguments in favour of such testing, along with the most significant ethical worries. We further propose a set of pragmatic criteria, which, if met, would make it permissible for employers to offer (but not to require) workplace genetic testing.

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)

What is knowledge of one's own current, consciously entertained intentional states a form of inner awareness? If so, what form? In this paper I explore the prospects for a quasi-observational account of a certain class of cases where subjects appear to have self-knowledge, namely, the so-called cogito-like cases. In section one I provide a rationale for the claim that we need an epistemology of self-knowledge, and specifically, an epistemology of the cogito-like cases. In section two I argue that contentful properties (...) in such cases have two features in common with observational properties of objects. In section three, I develop a quasi-observational account of self-knowledge for the cogito-like cases by considering various accounts of the nature of observational properties and by applying them to these cases. I conclude by addressing some important objections to the account. (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)

The paper is an introduction to geometric algebra and geometric calculus for those with a knowledge of undergraduate mathematics. No knowledge of physics is required. The section Further Study lists many papers available on the web.

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)

This chapter contains section titles: Introduction Section 1 Section 2 Conclusion.

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)

It is argued that reliance on the testimony of others cannot be viewed as reliance on a kind of evidence. Speech being essentially voluntary, the speaker cannot see his own choice of words as evidence of their truth, and so cannot honestly offer them to others as such. Rather, in taking responsibility for the truth of what he says, the speaker offers a guarantee or assurance of its truth, and in believing him the hearer accepts this assurance. I argue that, (...) contrary to appearances, this account is compatible with the hearer acquiring knowledge, and in fact throws interesting light on the idea of knowledge. -/- . (shrink)

It is widely accepted that physicalism faces its most serious challenge when it comes to making room for the phenomenal character of psychological experience, its so-called what-it-is-like aspect. The challenge has surfaced repeatedly over the past two decades in a variety of forms. In a particularly striking one, Frank Jackson considers a situation in which Mary, a brilliant scientist who knows all the physical facts there are to know about psychological experience, has spent the whole of her life in a (...) black and white room. He asks, What will happen when Mary is released from her black and white room or is given a colour television monitor? Will she learn anything or not? It seems just obvious that she will learn something about the world and our visual experience of it. But then it is inescapable that her previous knowledge was incomplete. But she had all the physical information. (Jackson 1986: 130). (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

Action must be taken to combat climate change. Yet, how the costs of climate action should be allocated among states remains a question. One popular answer—the polluter-pays principle (PPP)—stipulates that those responsible for causing the problem should pay to address it. While intuitively plausible, the PPP has been subjected to withering criticism in recent years. It is timely, following the Paris Agreement, to develop a new version: one that does not focus on historical production-based emissions but rather allocates climate burdens (...) in proportion to each state’s annual consumption-based emissions. This change in carbon accounting results in a fairer and more environmentally effective principle for distributing climate duties. (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)

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.

Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...) others are best thought of as a form of collateral damage. We thus look at the well-developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard-setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would-be standard-setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard-takers and standard-setters and explore the normative implications of this dual role. (shrink)

Our day-to-day experience of the world regularly brings us into contact with middlesized objects such as apples, dogs, and other human beings. These objects possess observable properties, properties that are available or accessible to the unaided senses, such as redness and roundness, as well as properties that are not so available, such as chemical ones. Both of these kinds of properties serve as valuable sources of information about our familiar middle-sized objects at least to the extent that they enable us (...) to understand the behaviours of those objects and their effects on each other and on us. I see the apple on the table before me, and in doing so I see its redness, its roundness, and so on. I do not see, but know that it has, a certain chemical constitution. The knowledge gained of the apple by means of both properties tells me something about the nature of that apple. In general, most, if not all, of the properties that objects in the observable world possess serve as the basis of our knowledge of such objects. But the subject-predicate form of much of our discourse and thought about objects suggests that substances are one kind of thing, properties another. We use subject terms such as names to identify objects, predicate terms to attribute properties to them. What, then, is it for an object to have a property? And what is the relation between an object and its properties? (shrink)

Recent philosophical work on causation has focused on distinctions across types of causal relationships. This paper argues for another distinction that has yet to receive attention in this work. This distinction has to do with whether causal relationships have “material continuity,” which refers to the reliable movement of material from cause to effect. This paper provides an analysis of material continuity and argues that causal relationships with this feature are associated with a unique explanatory perspective, are studied with distinct causal (...) investigative methods, and provide different types of causal control over their effects. (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)

Martine Nida-Rümelin (1996) argues that color science indicates behaviorally undetectable spectrum inversion is possible and raises this possibility as an objection to functionalist accounts of visual states of color. I show that her argument does not rest solely on color science, but also on a philosophically controversial assumption, namely, that visual states of color supervene on physiological states. However, this assumption, on the part of philosophers or vision scientists, has the effect of simply ruling out certain versions of functionalism. While (...) Nida-Rümelin is quite right to search for empirical tests for claims about the nature of visual states, philosophical issues remain pivotal in determining the correctness of these claims. (shrink)

There is a consistent and simple interpretation of the quantum theory of isolated systems. The interpretation suffers no measurement problem and provides a quantum explanation of state reduction, which is usually postulated. Quantum entanglement plays an essential role in the construction of the interpretation.

Plenitude, roughly, the thesis that for any non-empty region of spacetime there is a material object that is exactly located at that region, is often thought to be part and parcel of the standard Lewisian package in the metaphysics of persistence. While the wedding of plentitude and Lewisian four-dimensionalism is a natural one indeed, there are a hand-full of dissenters who argue against the notion that Lewisian four-dimensionalism has exclusive rights to plentitude. These ‘promiscuous’ three-dimensionalists argue that a temporalized version (...) of plenitude is entirely compatible with a three-dimensional ontology of enduring entities. While few would deny the coherence of such a position, and much work has been done by its proponents to appease critics, there has been surprisingly little by way of exploring the various forms such an ontology might take as well as the potential advantages of one plenitudinous three-dimensional ontology over another. Here I develop a novel form of plenitudinous three-dimensionalism, what John Hawthorne (Metaphysical essays, 2006a, b) has called “Neo-Aristotelian Plenitude,” and argue that if one is inclined to endorse an abundant three-dimensional ontology, one is wise to opt for a plenitude of accidental unities. (shrink)

Hans C. Ohanian 1 claims to “defeat” the conventionalist thesis of clock synchronization using an argument based on dynamics. My aim here is to show that his argument does not succeed.

According to an argument that I will call the argument from loose lips, we can safely reject certain notorious conspiracy theories because they posit conspiracies that would be nearly impossible to keep secret. I distinguish between three versions of this argument: the epistemic argument, the alethic argument, and the statistical argument. I, then, discuss several limitations of the argument from loose lips. The first limitation is that only the statistical argument can be applied to new conspiracy theories. The second limitation (...) is that no version of the argument suffices to rule out the existence of small initial conspiracies that have no need to add further conspirators. The third limitation is that no version of the argument is dialectically efficacious in the context of arguing with the relevant conspiracy theorists because nothing is said to address the alleged evidence that they cite. (shrink)

We outline a simple development of special and general relativity based on the physical meaning of the spacetime interval. The Lorentz transformation is not used.

There is no indication of time dilation of clocks or of length contraction of rods in Marzke and Wheeler's clock or in Desloge's metrosphere.