The New Evil Demon problem has been hotly debated since the case was introduced in the early 1980’s (e.g. Lehrer and Cohen 1983; Cohen 1984), and there seems to be recent increased interest in the topic. In a forthcoming collection of papers on the New Evil Demon problem (Dutant and Dorsch, forthcoming), at least two of the papers, both by prominent epistemologists, attempt to resist the problem by appealing to the distinction between justification and excuses. My primary aim here (...) is to critically evaluate this new excuse maneuver as a response to the New Evil Demon problem. -/- Their response attempts to give us reason to reject the idea that victims of the New Evil Demon have justification for believing as they do. I shall argue that this approach is ultimately unsuccessful, however much of value can be learned from these attempts. In particular, progress in the debate can be made by following those who advance the excuse maneuver and make explicit the connection between epistemic justification and epistemic norms. By doing so, the questions being debated are clarified, as is the methodology being used to attempt to answer them. (shrink)

While epistemologists have long debated what it takes for beliefs to be justified, they've devoted much less collective attention to the question of what it takes for beliefs to be excused, and how excuses differ from justifications. This stands in contrast to the state of affairs in legal scholarship, where the contrast between justifications and excuses is a standard topic in introductory criminal law textbooks. My goal in this paper is to extract some lessons from legal (...) theory for epistemologists seeking to distinguish epistemic justifications from epistemic excuses. First, I'll provide a brief overview of appeals to the justification/excuse distinction in epistemology, focusing on the internalism/externalism debate. Then, I'll identify some choice points in legal theory for how to think about the function of the justification/excuse distinction, and will in turn correspond to analogous choice points in epistemology. Ultimately, I'll argue that depending on which way we go at some crucial junctures, we can motivate either a traditional, non‐factive, internalist conception of justification, or a purely factive one where truth is all that's required for a belief to be justified. But there's no clear path, via legal theory, to view that only beliefs that amount to knowledge are justified. (shrink)

Pragmatic vindicatory genealogies provide both a cause and a rationale and can thus affect the space of reasons. But how far is the space of reasons affected by this kind of genealogical argument? What normative and evaluative implications do these arguments have? In this paper, I unpack this issue into three different sub-questions and explain what kinds of reasons they provide, for whom are these reasons, and for what. In relation to this final sub-question I argue, most importantly, that these (...) arguments are ambiguous about what they give us reasons for, meaning that they can be interpreted both as justifications for recognizing the normative standing of certain norms, values, and practices - and thus for living by them - and as excuses for those that do so. I illustrate this point by reference to the genealogical vindication of honour cultures, showing how the vindicatory argument can illuminate such case as one of excusing moral ignorance. Drawing on legal theory and moral philosophy, I show that different evaluative and normative implications hang on the result of the interpretation as either justification or excuse, and show that this ambiguity is a virtue rather than a limitation. (shrink)

In Fallibilism: Evidence and Knowledge, Jessica Brown identifies a number of problems for the so-called knowledge view of justification. According to this view, we cannot justifiably believe what we do not know. Most epistemologists reject this view on the grounds that false beliefs can be justified if, say, supported by the evidence or produced by reliable processes. We think this is a mistake and that many epistemologists are classifying beliefs as justified because they have properties that indicate that something should (...) be excused. Brown thinks that previous attempts to make this case have been unsuccessful. While the difficulties Brown points to are genuine, I think they show that attempts to explain a classificatory judgment haven't been successful. Still, I would argue that the classification is correct. We need a better explanation of this classificatory judgment. I will try to clarify the justification-excuse distinction and explain why it's a mistake to insist that beliefs that violate epistemic norms might be justified. Just as it's possible for a rational agent to act without justification in spite of her best intentions, it's possible that a rational thinker who follows the evidence and meets our expectations might nevertheless believe without sufficient justification. If our justified beliefs are supposed to guide us in deciding what to do, we probably should draw on discussions from morality and the law about the justification/excuse distinction to inform our understanding of the epistemic case. (shrink)

Arguably, the original conception of epistemic justification comes from Descartes and Locke, who thought of justification deontologically. Moreover, their deontological conception was especially strict: there are no excuses for unjustified beliefs. Call this the “classical deontologist” conception of justification. As the original conception, we ought to accept it unless proven untenable. Nowadays, however, most have abandoned classical deontologism as precisely that—untenable. It stands accused of requiring doxastic voluntarism and normative transparency. My goal is to rescue classical deontologism from these (...) accusations. I show how, given a specific form of internalism coupled with a plausible theory of epistemic blame, we can be blameworthy for all of our (non-exempt) unjustified beliefs without transparency or voluntarism. The result is that the classical deontological conception of justification should regain its privileged status. (shrink)

The paper critically examines recent work on justifications and excuses in epistemology. I start with a discussion of Gerken’s claim that the “excuse maneuver” is ad hoc. Recent work from Timothy Williamson and Clayton Littlejohn provides resources to advance the debate. Focusing in particular on a key insight in Williamson’s view, I then consider an additional worry for the so-called excuse maneuver. I call it the “excuses are not enough” objection. Dealing with this objection generates pressure in (...) two directions: one is to show that excuses are a positive enough normative standing to help certain externalists with important cases; the other is to do so in a way that does not lead back to Gerken’s objection. I show how a Williamson-inspired framework is flexible enough to deal with both sources of pressure. Perhaps surprisingly, I draw on recent virtue epistemology. (shrink)

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

The typical epistemology course begins with a discussion of the distinction between justification and knowledge and ends without any discussion of the distinction between justification and excuse. This is unfortunate. If we had a better understanding of the justification-excuse distinction, we would have a better understanding of the intuitions that shape the internalism-externalism debate. My aims in this paper are these. First, I will explain how the kinds of excuses that should interest epistemologists exculpate. Second, I will explain why (...) the intuitions that underwrite the new evil demon argument don't provide support for the internalist claim that justification is just in the head. The positive response that Cohen's example elicits is an indication that the subject should be excused if she violates an epistemic norm, not an indication that no norm has been violated. For just about any conceivable norm we can think of we can imagine situations in which someone violates that norm because they're moved by evidence that misleadingly suggests that they'd conform to it. When that happens, we'll respond positively in just the way we do when we consider Cohen's deceived subjects. When that happens, we cannot say that the subjects' responses were justified because we've stipulated that the subjects' responses contravene the relevant norms. Regardless of whether you think of norms along internalist or externalist lines, you should see that the intuitions that underwrite the new evil demon objection tell us nothing at all about whether a subject conforms to a norm. They tell us nothing about justification. (shrink)

Criminal law theory made a significant advance roughly thirty years ago when George Fletcher popularized the important conceptual distinction between justifications and excuses. In the intervening years, however, very little progress has been made in exploring the structure and function of justification defenses. The reason for this failure, I suggest, is a widely shared misconception about their place within the criminal law’s institutional structure. Contrary to what is generally believed, it is not up to trial courts to decide (...) ex post facto what conduct is justified and what is not. This determination is made ex ante by other institutional actors such as private fiduciaries, public officials, and sometimes, ordinary citizens caught in extraordinary circumstances. The court’s role is simply to review the validity of that prior exercise of decision-making discretion. More broadly, my study is intended to serve as a reminder of the importance of institutional structure in criminal law. It is almost always misleading to address issues in criminal law by way of abstract moral theorizing, as is often done, because this leaves out the crucial question of institutional division of labor. Before addressing the substantive aspect of particular questions—what conduct should be prohibited, justified, or excused—we must first address ourselves to the institutional questions that I have called the problems of authority, discretion, and legality. These institutional questions receive their most thorough treatment in two other areas of law: the private law of fiduciaries and public administrative law. If we wish to make progress in understanding justification defenses—and the institutional structure of criminal law more generally—I argue that it is to these areas of law that we should attend. (shrink)

Epistemological Disjunctivism is a view about paradigm cases of perceptual knowledge. Duncan Pritchard claims that it is particularly well suited to accounting for internalist and externalist intuitions. A number of authors have disputed this claim, arguing that there are problems for Pritchard’s way with internalist intuitions. I share the worry. However, I don’t think it has been expressed as effectively as it can be. My aim in this paper is to present a new way of formulating the worry, in terms (...) of an “explanatory challenge”. The explanatory challenge is a simple, yet powerful and illuminating challenge for Epistemological Disjunctivism. It is illuminating in the sense that it shows us why Epistemological Disjunctivism must take on certain internalistically problematic commitments. A secondary aim of this paper is to examine whether the recently much-discussed distinction between justifications and excuses in epistemology can support an adequate response. I will argue that it cannot. (shrink)

In this Article, I will argue that a person may be deserving of criminal punishment even in certain situations where she is not necessarily morally responsible for her criminal act. What these situations share in common are two things: the psychological factors that motivate the individual’s behavior are environmentally determined and her crime is serious, making her less eligible for sympathy and therefore less likely to be acquitted. -/- To get to this conclusion, I will proceed in four steps. In (...) Part II, I will offer the first two of these steps. First, I will argue that our foundational assumption that moral responsibility is necessary for just blame and punishment is not self-evident and is actually rather difficult to explain and justify. Second, I will offer an explanation and justification that appeals to our moral psychology. Specifically, I will argue that we subscribe to this assumption ultimately because we sympathize with agents who lack responsibility for their actions. -/- Third, in Part IV, I aim to show that even if moral responsibility is not conceptually — only “emotionally” — necessary for just blame and punishment, the traditionally recognized criminal excuses are not at risk because, contrary to popular wisdom, they do not really rely on this assumption to begin with. Instead, they stand less for the metaphysical proposition that we should refrain from blaming and punishing the non-responsible and more for the normative/ethical proposition that we should refrain from blaming and punishing those whom we cannot reasonably expect to have acted better. I will further argue that the latter proposition does not necessarily reduce to the former. -/- Fourth, once I have defended my account of the excuses, I will question in Parts V and VI the increasingly popular notion that we should add certain conditions or circumstances to the list of recognized excuses. I will focus on one in particular — the psychological theory of “situationism” — and will argue that, despite its initial plausibility, it should be kept off the list. While situationism arguably does negate moral responsibility, it does not negate criminal responsibility. -/- Of course, this is a controversial point. Criminal responsibility is almost universally thought to require moral responsibility. But in a previous article, "Dangerous Psychopaths: Criminally Responsible But Not Morally Responsible, Subject to Criminal Punishment And to Preventive Detention," 48 San Diego L. Rev. 1299, I used personality psychology to drive a wedge between the two. In this article, I will use the opposite end of the psychological spectrum — social psychology — to drive the same important wedge. (shrink)

On the classical understanding, an agent is fully excused for an action if and only if performing this action was a case of faultless wrongdoing. A major motivation for this view is the apparent existence of paradigmatic types of excusing considerations, affecting fault but not wrongness. I show that three such considerations, ignorance, duress and compulsion, can be shown to have direct bearing on the permissibility of actions. The appeal to distinctly identifiable excusing considerations thus does not stand up to (...) closer scrutiny, undermining the classical view and giving us reason to seek alternative ways of drawing the justification/excuse distinction. (shrink)

Pacifism is the view that necessarily, the nonconsensual harming of pro tanto rights-bearers is all-things-considered morally impermissible. Critics of pacifism frequently point to common moral intuitions about self-defenders and other-defenders as evidence that pacifism is false and that self- and other-defense are often morally justified. I call this the Justification View and defend its rival, the Excuse View. According to the latter, a robust view of moral excuse adequately explains the common moral intuitions invoked against pacifism and is compatible with (...) pacifism. The paper proceeds in five steps. First, I identify ten intuitive data points that require explanation. Second, I introduce the justification/excuse distinction. Third, I demonstrate the Excuse View’s equal explanatory power with respect to the intuitive data. Fourth, I defend the Fair Use Principle: When evaluating the plausibility of rival theories J and E, the use of datum d’s full intuitive force against E and for J is epistemically permissible only if (i) d is better explained by J than E and (ii) no intuitive components of d are equally well-explained by E. Finally, I conclude that the conjunction of pacifism and the Excuse View renders the intuitive defense of the Justification View largely moot, and that this is a substantial victory for pacifism. (shrink)

In this paper, I defend externalist accounts of justified belief from Cohen's new evil demon objection. While I think that Cohen might be right that the person is justified in believing what she does, I argue that this is because we can defend the person from criticism and that defending a person is a very different thing from defending a person's attitudes or actions. To defend a person's attitudes or actions, we need to show that they met standards or did (...) not violate norms. Intuitions about whether we can defend a person from criticism are a poor guide when it comes to determining whether norms were violated or standards were met. It turns out that even radical forms of externalism about justification are compatible with the intuitions that Cohen's example elicits. Properly understood, those intuitions show that the believer should be excused from criticism (and excused for failing to believe with adequate justification). (shrink)

Blameless norm violation in young children is an underexplored phenomenon in epistemology. An understanding of it is important for accounting for the full range of normative standings at issue in debates about epistemic norms, and the internalism-externalism debate generally. More specifically, it is important for proponents of factive epistemic norms. I examine this phenomenon and put forward a positive proposal. I claim that we should think of the normative dimension of certain actions and attitudes of young children in terms of (...) a kind of “prospective agency”. I argue that the most sophisticated account of exculpatory defenses in epistemology – due to Clayton Littlejohn – does not provide an adequate model for exculpatory defenses of prospective agents. The aim is not primarily to challenge Littlejohn. Rather, I engage with his framework as a way of setting up my positive proposal. I call it the “heuristic model”. (shrink)

In this paper I provide some linguistic evidence to the thesis that responsibility judgments are normative. I present an argument from negation, since the negation of descrip- tive judgments is structurally different from the negation of normative judgments. In particular, the negation of responsibility judgments seem to conform to the pattern of the negation of normative judgments, thus being a prima facie evidence for the normativity of responsibility judgments. I assume — for the argument’s sake — Austin’s distinction be- tween (...) justification and excuse, and I sketch how to accommodate the distinction between internal (justification) and external (excuse) nega- tion of responsibility within a language with a second-order analogous of existential generalization and λ operator. In the end I confront with and refute some objections against this argument. (shrink)

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal (...) responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being. (shrink)

David Boonin has recently advanced several challenges to the self-defense justification of punishment. Boonin argues that the self-defense justification of punishment justifies punishing the innocent, justifies disproportionate punishment, cannot account for mitigating excuses, and does not justify intentionally harming offenders as we do when we punish them. In this paper, I argue that the self-defense justification, suitably understood, can avoid all of these problems. To help demonstrate the self-defense theory’s attraction, I also develop some contrasts between the self-defense justification, (...) Warren Quinn’s better known ‘auto-retaliator’ argument, and desert-based justifications of punishment. In sum, I show that the self-defense justification of punishment is more resilient than commonly supposed and deserves to be taken seriously as a justification of punishment. (shrink)

When someone blames you, you might accept the blame or you might reject it, challenging the blamer’s interpretation of the facts or providing a justification or excuse. Either way, there are opportunities for edifying moral discussion and moral repair. But another common, and less constructive, response is to simply dismiss the blame, refusing to engage with the blamer. Even if you agree that you are blameworthy, you may refuse to engage with the blame—and, specifically, with blame coming from this particular (...) person. This is a common response if the blamer is being hypocritical or meddlesome in blaming the wrongdoer. This paper aims to make sense of this kind of response: What are we doing when we dismiss blame? A common thought is that we dismiss demands issued by blame, but we still must identify the content of the relevant demands. My proposal is that when we dismiss blame, we dismiss a demand to respond to the blame with a second-personal expression of remorse to the blamer. (shrink)

In this leçon inaugurale (inaugural lecture) at the University of Neuchâtel, I explain how we can tackle the problem of determinism by asking whether it would give us a justification, an excuse, or an exemption. This strategy builds on Peter Strawson's in Freedom and Resentment, but completes it by (1) proposing a theory of excuses ; (2) proposing that lacking alternatives might give a weak justification--i.e. it might exclude wrongdoing. This forces us to make the best of two philosophical (...) traditions, namely semi-compatibilism (à la Frankfurt/Fischer) and compatibilism (à la Lewis/Vihvelin). My proposal is that whereas compatibilism may have the upper hand, semi-compatibilists have always been right about excuses. (shrink)

Se la tradizione continentale, da Nietzsche a Foucault, ha sottolineato le implicazioni critiche e destabilizzanti del metodo genealogico, gli approcci analitici hanno dimostrato che esso può anche offrire sostegno ai propri oggetti di indagine: norme comportamentali, pratiche, concetti e così via. Un resoconto genealogico, per esempio, può avere un carattere giustificativo quando individua una relazione funzionale necessaria tra il concetto o la pratica in esame e bisogni umani abbastanza fondamentali. La questione che voglio affrontare riguarda le presunte capacità giustificative di (...) questo tipo di spiegazioni genealogiche. In che misura modificano davvero lo spazio delle ragioni? Sostengo che la loro portata normativa e valutativa è variabile e che l'esame di alcuni casi limite aiuta a dimostrarlo. Più specificamente, ritengo che in alcuni casi le ragioni offerte attraverso queste spiegazioni siano ragioni non tanto per giustificare l'uso di certi concetti o pratiche, quanto per giustificare coloro che li vivono. (shrink)

Aristotle claims that in some extenuating circumstances, the correct response to the wrongdoer is sungnōmē rather than blame. Sungnōmē has a wide spectrum of meanings that include aspects of sympathy, pity, fellow-feeling, pardon, and excuse, but the dominant interpretation among scholars takes Aristotle’s meaning to correspond most closely to forgiveness. Thus, it is commonly held that the virtuous Aristotelian agent ought to forgive wrongdoers in specific extenuating circumstances. Against the more popular forgiveness interpretation, I begin by defending a positive account (...) of sungnōmē as the correct judgment that a wrongdoer deserves excuse since she was not blameworthy. I then argue that since sungnōmē is merited on the grounds of fairness, this shows that both the forgiveness interpretation and a third, alternative interpretation of sungnōmē as sympathy mischaracterize both the justification for sungnōmē and its nature. Moreover, I argue that Aristotle not only lacks an account of forgiveness but in fact, that his account of blame is incompatible with forgiveness altogether. (shrink)

This article is an introduction to moral concepts. Its purpose is to introduce and explain vocabulary that can be used both in examining ethical theories, and in talking about the ethically significant aspects of concrete situations. We begin by distinguishing descriptive and normative claims, and explaining how moral claims are a special type of normative claims. We then introduce terms for the moral evaluation of actions, states of affairs, and motives. Focusing on the question ‘what should be done?’, we talk (...) at some length about factors that influence the moral evaluation of actions, such as rights, duties, and consequences. We also cover related concepts such as justifications, excuses, praise, and blame. Finally, we discuss ethical reasoning and the roles played therein by principles, values, and theories. (shrink)

Cases of reasonable, mistaken belief figure prominently in discussions of the knowledge norm of assertion and practical reason as putative counterexamples to these norms. These cases are supposed to show that the knowledge norm is too demanding and that some weaker norm ought to put in its place. These cases don't show what they're intended to. When you assert something false or treat some falsehood as if it's a reason for action, you might deserve an excuse. You often don't deserve (...) even that. (shrink)

“Terrorism” is a polysemic, emotionally laden term. Belligerent groups could be labeled “terrorist” by some and “freedom” or “guerrilla” fighters by others. Similarly, the same organization or group could be labeled “terrorist” by some and “humanitarian organization” by others. Hence, depending on which perspective people take in a given conflict, and how the international community reacts to the conflict in question, members of different organizations or groups might end up being classified in a negative sense as terrorists or in a (...) positive sense as freedom fighters. Such perspectivism partly explains why so much disagreement exists on the meaning, justification, or excuse of terrorism. (shrink)

In this work, I will support a combined notion of harm according to which there are qualitatively different harms. I will support a way in which the severity of harms could be measured. Then, I will provide three principles about the strength of the reasons against harming. The supported thesis will provide some tools to solve some problems of the general part of criminal law. In relation to the analytical stratum of statutory description of an offence, I will show that (...) the defended notion of harm could help to solve cases of hypothetical and alternative causal courses. In relation to the analytical stratum of unlawfulness (or wrongfulness), I will show that the proposed ranking of the severity of harms help us to distinguish between cases of necessity as justification and necessity as excuse. In relation to the analytical stratum of culpability, I will show that the principles regarding the strength of the reasons against harming help us to supply straightforward criteria to measure the punishment to impose for having committed some crime. -/- En este trabajo intentaré defender una noción combinada de daño de acuerdo a la cual existen dos tipos de daños cualitativamente diferentes. Asimismo, defenderé un modo en que la gravedad de los diferentes daños puede ser graduada. Derivado de lo anterior, extraeré tres principios sobre la fuerza de las razones en contra de dañar. La tesis defendida proporcionará herramientas para resolver algunos problemas de la parte general de derecho penal. En relación al tipo penal, mostraré que la noción de daño defendida puede ayudar a resolver casos de cursos causales alternativos e hipotéticos. En referencia a la antijuridicidad, mostraré que la clasificación de la gravedad de los daños propuesta ayuda a distinguir qué casos de estado de necesidad deben considerarse como justificación y cuales como excusa. En referencia a la culpabilidad, mostraré que los principios sobre la diferente fuerza de las razones en contra de dañar ayudan a aportar criterios claros para la individualización de la pena a imponer por la comisión de un delito. (shrink)

One of the issues that has been hotly discussed in connection with the direct designation theory is whether or not coreferential names can be substituted salva veritate in epistemic contexts. Some direct designation theorists believe that they can be so substituted. Some direct designation theorists and all Fregeans and neo-Fregeans believe that they cannot be so substituted. Fregeans of various stripes have used their intuition against free substitution to argue against the direct designation theory. Some direct designation theorists have used (...) the same intuitions to argue against the view that belief reports of simple declarative sentences can be accounted for with singular propositions. This paper has two main goals; first, to show that the discussion of the issue has tended to treat all epistemic contexts equally, and second, to argue that we should not treat substitutions in contexts that involve justification (and hence knowledge) in the same way as we treat substitution in simple belief contexts, i.e., contexts that just involve the belief relation. (shrink)

An influential proposal is that knowledge involves safe belief. A belief is safe, in the relevant sense, just in case it is true in nearby metaphysically possible worlds. In this paper, I introduce a distinct but complementary notion of safety, understood in terms of epistemically possible worlds. The main aim, in doing so, is to add to the epistemologist’s tool-kit. To demonstrate the usefulness of the tool, I use it to advance and assess substantive proposals concerning knowledge and justification.

It is widely accepted that in fallible reasoning potential error necessarily increases with every additional step, whether inferences or premises, because it grows in the same way that the probability of a lengthening conjunction shrinks. As it stands, this is disappointing but, I will argue, not out of keeping with our experience. However, consulting an expert, proof-checking, constructing gap-free proofs, and gathering more evidence for a given conclusion also add more steps, and we think these actions have the potential to (...) improve our reliability or justifiedness. Thus, the received wisdom about the growth of error implies a skepticism about the possibility of improving our reliability and level of justification through effort. Paradoxically, and even more implausibly, taking steps to decrease your potential error necessarily increases it. I will argue that the self-help steps listed here are of a distinctive type, involving composition rather than conjunction. Error grows differently over composition than over conjunction, I argue, and this dissolves the apparent paradox. (shrink)

I argue that a general feature of human psychology provides strong reason to modify or reject anti-reductionism about the epistemology of testimony. Because of the work of what I call “the background” (which is a collection of all of an individual's synthetizations, summarizations, memories of experiences, beliefs, etc.) we cannot help but form testimonial beliefs on the basis of a testifier's say so along with additional evidence, concepts, beliefs, and so on. Given that we arrive at testimonial beliefs through the (...) work of the background, to be justified in holding a testimonial belief, we must not only have a rational speaker's say so, but we must also form such beliefs in a right way. If this is right, then, contrary to typical anti-reductionism, justified testimonial beliefs require more than just a trustworthy testifier's say so – another requirement is that they are formed in a right way. (shrink)

In the present paper we propose a system of propositional logic for reasoning about justification, truthmaking, and the connection between justifiers and truthmakers. The logic of justification and truthmaking is developed according to the fundamental ideas introduced by Artemov. Justifiers and truthmakers are treated in a similar way, exploiting the intuition that justifiers provide epistemic grounds for propositions to be considered true, while truthmakers provide ontological grounds for propositions to be true. This system of logic is then applied both for (...) interpreting the notorious definition of knowledge as justified true belief and for advancing a new solution to Gettier counterexamples to this standard definition. (shrink)

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)

I would like to assume that Reichenbach's distinction of Justification and Discovery lives on, and to seek arguments in his texts that would justify their relevance in this field. The persuasive force of these arguments transcends the contingent circumstances apart from which their genesis and local transmission cannot be made understandable. I shall begin by characterizing the context distinction as employed by Reichenbach in "Experience and Prediction" to differentiate between epistemology and science (1). Following Thomas Nickles and Kevin T. Kelly, (...) one can distinguish two meanings of the context distinction in Reichenbach's work. One meaning, which is primarily to be found in the earlier writings, conceives of scientific discoveries as potential objects of epistemological justification. The other meaning, typical for the later writings, removes scientific discoveries from the possible domain of epistemology. The genesis of both meanings, which demonstrates the complexity of the relationships obtaining between epistemology and science, can be made understandable by appealing to the historical context (2). Both meanings present Reichenbach with the task of establishing the autonomy of epistemology through the justification of induction. Finally, I shall expound this justification and address some of its elements of rationality characterizing philosophy of science(3). (shrink)

My focus will be on two questions about Moore’s justification to believe the premises and the conclusion of the argument above. At stake is what makes it possible for our experiences to justify our beliefs, and what makes it possible for us to be justified in disbelieving skeptical..

This invited entry offers a brief overview of criminal responsibility. -/- The first part starts with a question: is Clyde criminally responsible for killing his girlfriend Bonnie? The answer: it depends. Particular circumstances determine whether Clyde is guilty of murder, guilty of manslaughter, not guilty because he has a good excuse, or not guilty because he has a good justification. -/- The second part addresses the complicated relationship between criminal responsibility and moral responsibility. Until recently, both concepts were considered to (...) be more or less interchangeable. But there is a growing movement, which I refer to as "responsibility skepticism," which maintains that moral responsibility is either physically or metaphysically impossible. If the responsibility skeptics are right (that moral responsibility is impossible), then what are the implications for criminal responsibility and just criminal punishment? Should we abandon these as well? Or can they survive without moral responsibility? I try to answer these questions. -/- The third part addresses social causation. The criminal justice system tends to be "dispositionalist"; it tends, that is, to assume that criminal responsibility resides entirely within the defendant. Dispositionalism, however, overlooks the fact that who we are and what we do are significantly determined by environmental influences. I then try to show that this "situationist" alternative to dispositionalism should not radically alter our approach to criminal punishment. -/- The final part briefly discusses the difficulty in evaluating criminal responsibility when the defendant is both an offender and a victim - especially when the defendant is an offender *because* of his victimization. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

In an influential book, Gilbert Harman writes, "In explaining the observations that support a physical theory, scientists typically appeal to mathematical principles. On the other hand, one never seems to need to appeal in this way to moral principles [1977, 9 – 10]." What is the epistemological relevance of this contrast, if genuine? In this article, I argue that ethicists and philosophers of mathematics have misunderstood it. They have confused what I will call the justificatory challenge for realism about an (...) area, D – the challenge to justify our D-beliefs – with the reliability challenge for D-realism – the challenge to explain the reliability of our D-beliefs. Harman’s contrast is relevant to the first, but not, evidently, to the second. One upshot of the discussion is that genealogical debunking arguments are fallacious. Another is that indispensability considerations cannot answer the Benacerraf-Field epistemological challenge for mathematical realism. (shrink)

Recent experimental epistemology has devoted increasing attention to folk attributions of epistemic justification. Empirical studies have tested whether lay people ascribe epistemic justification in specific lottery-style vignettes (Friedman and Turri 2014, Turri and Friedman 2015, Ebert et al. 2018) and also to more ordinary beliefs (Nolte et al. 2021). In this paper, I highlight three crucial but hitherto uncritically accepted assumptions of these studies, and I argue that they are untenable. Central to my criticism is the observation that epistemic justification (...) is a philosophical term of art mostly foreign to lay people: as such, it is not suitable for direct empirical testing without being previously introduced. This point reveals a folk conceptual gap between the subject matter of these experimental studies and the conceptual repertoire we can reasonably expect lay people to possess. I elaborate on this worry, and I end on a cautiously optimistic note: after suggesting better strategies to survey folk attributions of epistemic justification, I conclude that the challenge raised by the folk conceptual gap remains difficult but can in principle be addressed. (shrink)

This paper argues that there is a problem for the justificatory significance of perceptions that has been overlooked thus far. Assuming that perceptual experiences are propositional attitudes and that only propositional attitudes which assertively represent the world can function as justifiers, the problem consists in specifying what it means for a propositional attitude to assertively represent the world without losing the justificatory significance of perceptions—a challenge that is harder to meet than might first be thought. That there is such a (...) problem can be seen by reconsidering and modifying a well-known argument to the conclusion that beliefs cannot be justified by perceptions but only by other beliefs. Nevertheless, the aim of the paper is not to conclude that perceptions are actually incapable of justifying our beliefs but rather to highlight an overlooked problem that needs to be solved in order to properly understand the justificatory relationship between perceptions and beliefs. (shrink)

This paper critically examines currently influential transparency accounts of our knowledge of our own beliefs that say that self-ascriptions of belief typically are arrived at by “looking outward” onto the world. For example, one version of the transparency account says that one self-ascribes beliefs via an inference from a premise to the conclusion that one believes that premise. This rule of inference reliably yields accurate self-ascriptions because you cannot infer a conclusion from a premise without believing the premise, and so (...) you cannot infer from a premise that you believe the premise unless you do believe it. I argue that this procedure cannot be a source of justification, however, because one can be justified in inferring from p that q only if p amounts to strong evidence that q is true. This is incompatible with the transparency account because p often is not very strong evidence that you believe that p. For example, unless you are a weather expert, the fact that it will rain is not very strong evidence that you believe it will rain. After showing how this intuitive problem can be made precise, I conclude with a broader lesson about the nature of inferential justification: that beliefs, when justified, must be underwritten by beliefs, when justified, must be underwritten by evidential relationships between the facts or propositions which those beliefs represent. (shrink)

It is clear that lack of awareness of the consequences of an action can undermine moral responsibility and blame for these consequences. But when and how it does so is controversial. Sometimes an agent believing that the outcome might occur is excused because it seemed unlikely to her, and sometimes an agent having no idea that it would occur is nevertheless to blame. A low or zero degree of belief might seem to excuse unless the agent “should have known better”, (...) but it is unclear how to spell out this normative condition. -/- This chapter combines (a) an independently motivated account of responsibility, blame, and credit as grounded in a normal explanatory relation between agential qualities and objects of responsibility with (b) the familiar Strawsonian idea that moral blame and credit depend on the agent’s quality of will. The resulting explanatory quality of will condition on moral responsibility is then further motivated by being shown to account for the effects on moral blame and credit of justifications, as well as of excuses and undermined control in cases not involving ignorance. -/- The explanatory quality of will condition is finally applied to cases involving various degrees of lack of awareness. Though this condition itself involves no awareness requirement, it is shown how it accounts for the degrees to which lack of awareness can excuse. It is also explained how lack of awareness fails as an excuse exactly when the agent should have known better and can be blamed for not doing so. (shrink)

A distinctive position in contemporary political philosophy is occupied by those who defend the principle of public justification. This principle states that the moral or political rules that govern our common life must be in some sense justifiable to all reasonable citizens. In this article, I evaluate Gerald Gaus’s defence of this principle, which holds that it is presupposed by our moral reactive attitudes of resentment and indignation. He argues, echoing P.F. Strawson in ‘Freedom and Resentment’, that these attitudes are (...) so deep a part of us that we are unable to rationally reject them. I examine and reject this defence of the principle. Considering the nature of our commitment to the moral reactive attitudes, I argue that those attitudes need not be grounded in a commitment to public justification. The availability of alternative grounds for these attitudes shows, contra Gaus, that we can rationally reject the principle of public justification while maintaining a wholehearted commitment to the reactive attitudes. (shrink)

In his influential book, The Nature of Morality, Gilbert Harman writes: “In explaining the observations that support a physical theory, scientists typically appeal to mathematical principles. On the other hand, one never seems to need to appeal in this way to moral principles.” What is the epistemological relevance of this contrast, if genuine? This chapter argues that ethicists and philosophers of mathematics have misunderstood it. They have confused what the chapter calls the justificatory challenge for realism about an area, D—the (...) challenge to justify our D-beliefs—with the reliability challenge for D-realism—the challenge to explain the reliability of our D-beliefs. Harman’s contrast is relevant to the first, but not, evidently, to the second. One upshot of the discussion is that genealogical debunking arguments are fallacious. Another is that indispensability considerations cannot answer the Benacerraf–Field challenge for mathematical realism. (shrink)

Pragmatist responses to skepticism about empirical justification have mostly been underwhelming, either presupposing implausible theses like relativism or anti-realism, or else showing our basic empirical beliefs to be merely psychologically inevitable rather than rationally warranted. In this paper I defend a better one: a modified version of an argument by Wilfrid Sellars that we are pragmatically warranted in accepting that our perceptual beliefs are likely to be true, since their likely truth is necessary for the satisfaction of our goal of (...) effective agency. On the version of the argument I defend, the great good for human life of control over our empirical circumstances renders our goal of effective agency reasonable. But only if our perceptual beliefs are likely to be true—and only if we accept that this is so, assuming it as a premise for inference and a guide for action—will the success of our actions be due to our effective agency, not mere luck. Since we’re warranted in taking the necessary means to our reasonable ends, we’re warranted in accepting that our perceptual beliefs are generally justified, and so that skepticism about empirical justification is false. (shrink)

According to a traditional Cartesian epistemology of perception, perception does not provide one with direct knowledge of the external world. Instead, your immediate perceptual evidence is limited to facts about your own visual experience, from which conclusions about the external world must be inferred. Cartesianism faces well-known skeptical challenges. But this chapter argues that any anti-Cartesian view strong enough to avoid these challenges must license a way of updating one’s beliefs in response to anticipated experiences that seems diachronically irrational. To (...) avoid this result, the anti-Cartesian must either license an unacceptable epistemic chauvinism, or else claim that merely reflecting on one’s experiences defeats perceptual justification. This leaves us with a puzzle: Although Cartesianism faces problems, avoiding them brings a new set of problems. (shrink)

In this paper, I offer two counterexamples to the so-called ‘Uniqueness Thesis.’ As one of these examples rely on the thesis that it is possible for a justified belief to be based on an inconsistent body of evidence, I also offer reasons for this further thesis. On the assumption that doxastic justification entails propositional justification, the counterexamples seem to work.

I reinforce my defense of permissivism about the rationality of doxastic attitudes on the face of a certain body of evidence against criticism published in this journal by Anantharaman. After making some conceptual clarifications, I manage to show that at least one of my original arguments pro-permissivism is left unscathed by Anantharaman's points.

Transmission views of testimony hold that a speaker's knowledge or justification can become the audience's knowledge or justification. We argue that transmission views are incompatible with the hypothesis that one's epistemic state, together with one's practical circumstances, determines what actions are rationally permissible for an agent. We argue that there are cases where, if the speaker's epistemic state were transmitted to the audience, then the audience would be warranted in acting in particular ways. Yet, the audience in these cases is (...) not so warranted, as their strength of justification does not come close to the speaker's. (shrink)

Certain combinations of attitudes are manifestly unreasonable. It is unreasonable to believe that dogs bark, for example, if one concedes that one has no justification to believe this. Why are the irrational combinations irrational? One suggestion is that these are attitudes that a subject cannot have justification to have. If this is right, we can test claims about the structure of propositional justification by relying on our observations about which combinations of attitudes constitute Moorean absurd pairs. In a recent defense (...) of access internalism, Smithies argues that only access internalism can explain why various combinations of attitude are irrational. In this paper, I shall argue that access internalism cannot explain the relevant data. Reflection on Moore's Paradox will not tell us much of anything about propositional justification and cannot support access internalism. (shrink)