In order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential (...) cases suggests standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

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

According to a common conception of legal proof, satisfying a legal burden requires establishing a claim to a numerical threshold. Beyond reasonable doubt, for example, is often glossed as 90% or 95% likelihood given the evidence. Preponderance of evidence is interpreted as meaning at least 50% likelihood given the evidence. In light of problems with the common conception, I propose a new ‘relevant alternatives’ framework for legal standards of proof. Relevant alternative accounts of knowledge state that (...) a person knows a proposition when their evidence rules out all relevant error possibilities. I adapt this framework to model three legal standards of proof—the preponderance of evidence, clear and convincing evidence, and beyond reasonable doubt standards. I describe virtues of this framework. I argue that, by eschewing numerical thresholds, the relevant alternatives framework avoids problems inherent to rival models. I conclude by articulating aspects of legal normativity and practice illuminated by the relevant alternatives framework. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence (...) nor resolve the pertinent paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the (...) Problem of Bare Statistical Evidence. While this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to (...) the impossibility of no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

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

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such (...) a level of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

According to the Rational Threshold View, a rational agent believes p if and only if her credence in p is equal to or greater than a certain threshold. One of the most serious challenges for this view is the problem of statistical evidence: statistical evidence is often not sufficient to make an outright belief rational, no matter how probable the target proposition is given such evidence. This indicates that rational belief is not as sensitive to statistical (...) class='Hi'>evidence as rational credence. The aim of this paper is twofold. First, we argue that, in addition to playing a decisive role in rationalizing outright belief, non-statistical evidence also plays a preponderant role in rationalizing credence. More precisely, when both types of evidence are present in a context, non-statistical evidence should receive a heavier weight than statistical evidence in determining rational credence. Second, based on this result, we argue that a modified version of the Rational Threshold View can avoid the problem of statistical evidence. We conclude by suggesting a possible explanation of the varying sensitivity to different types of evidence for belief and credence based on the respective aims of these attitudes. (shrink)

For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity (...) account, and Sarah Moss’ knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof. (shrink)

This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ (...) standard. -/- Orthodoxy holds that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox. (shrink)

An introduction to philosophical research on the standards of legal proof.

A popular informal argument suggests that statistics about the preponderance of criminal involvement among particular demographic groups partially justify others in making defensive mistakes against members of the group. One could worry that evidence-relative accounts of moral rights vindicate this argument. After constructing the strongest form of this objection, I offer several replies: most demographic statistics face an unmet challenge from reference class problems, even those that meet it fail to ground non-negligible conditional probabilities, even if they did, (...) they introduce new costs likely to cancel out any justificatory contribution of the statistic, but even if they didn’t, demographic facts are the wrong sort to make a moral difference to agents’ negative rights. I conclude that the popular argument should be rejected, and evidence-relative theories do not have the worrisome implication. (shrink)

Whether self-deceivers can be held morally responsible for their self-deception is largely a question of whether they have the requisite control over the acquisition and maintenance of their self-deceptive beliefs. In response to challenges to the notion that self-deception is intentional or requires contradictory beliefs, models treating self-deception as a species of motivated belief have gained ascendancy. On such so-called deflationary accounts, anxiety, fear, or desire triggers psychological processes that produce bias in favor of the target belief with the result (...) that self-deceivers acquire and retain false beliefs in the face of a preponderance of counter-evidence. On the face of it, such approaches seem to exculpate self-deceivers insofar as their self-deceptive belief is the result of such a process. In this essay, I examine the conditions under which self-deceivers might be culpable on deflationary models proposed by Neil Levy. In particular, I contend that contrary to Levy, a self-deceiver need not doubt the target belief nor recognize its moral importance to be held morally responsible. (shrink)

An important question in the current debate on the epistemic significance of peer disagreement is whether evidence of evidence is evidence. Fitelson argues that, at least on some renderings of the thesis that evidence of evidence is evidence, there are cases where evidence of evidence is not evidence. I introduce a condition and show that under this condition evidence of evidence is evidence.

In everyday life and in science we acquire evidence of evidence and based on this new evidence we often change our epistemic states. An assumption underlying such practice is that the following EEE Slogan is correct: 'evidence of evidence is evidence' (Feldman 2007, p. 208). We suggest that evidence of evidence is best understood as higher-order evidence about the epistemic state of agents. In order to model evidence of evidence (...) we introduce a new powerful framework for modelling epistemic states, Dyadic Bayesianism. Based on this framework, we then discuss characterizations of evidence of evidence and argue for one of them. Finally, we show that whether the EEE Slogan holds, depends on the specific kind of evidence of evidence. (shrink)

The Value of Evidence thesis (VE) tells us to gather evidence before deciding in any decision problem, if the evidence is free. This appar- ently plausible principle faces two problems. First, it fails on evidence externalism or nonclassical decision theories. Second, it’s not general enough: it tells us to prefer gaining free evidence to gaining no evi- dence, but it doesn’t tell us to prefer gaining more informative evidence to gaining less informative evidence (...) when both are free. This paper defends an alternative value-of-evidence principle that solves the above two problems. We call it ‘the Comparative Value of Evidence for the Resolute (CVER).’ CVER not only generalizes VE to the comparative case but is also compatible with evidence externalism and nonclassical decision theories. Our argument, if successful, broadens the scope of the value-of-evidence principle and shows that it’s more robust than previously imagined. (shrink)

While most of healthcare research and practice fully endorses evidence-based healthcare, a minority view borrows popular themes from philosophy of science like underdetermination and value-ladenness to question the legitimacy of the evidence-based movement’s philosophical underpinnings. While the feminist origins go unacknowledged, those critics adopt a feminist reading of the “gap argument” to challenge the perceived objectivism of evidence-based practice. From there, the critics seem to despair over the “subjective elements” that values introduce to clinical reasoning, demonstrating that (...) they do not subscribe to feminist science studies’ normative program——where contextual values can enable good science and justified decisions. In this paper, I investigate why it is that the critics of evidence-based medicine adopt feminist science’s characterization of the problem but resist the productive solutions offered by those same theorists. I suggest that the common feminist empiricist appeal to idealized epistemic communities is impractical for those working within the current biomedical context and instead offer an alternate stream of feminist research into the empirical content of values (found in the work of Elizabeth Anderson and Sharyn Clough) as a more helpful recourse for facilitating the important task of legitimate and justified clinical decision-making. I use a case study on clinical decision-making to illustrate the fruitfulness of the latter feminist empiricist framework. -/- See response by Sharyn Clough: http://wp.me/p1Bfg0-1aN See reply by Maya Goldenberg: http://wp.me/p1Bfg0-1oY. (shrink)

Richard Feldman has proposed and defended different versions of a principle about evidence. In slogan form, the principle holds that ‘evidence of evidence is evidence’. Recently, Branden Fitelson has argued that Feldman’s preferred rendition of the principle falls pray to a counterexample related to the non-transitivity of the evidence-for relation. Feldman replies arguing that Fitelson’s case does not really represent a counterexample to the principle. In this note, we argue that Feldman’s principle is trivially true.

“Excited Delirium Syndrome” (ExDS) is a controversial diagnosis. The supposed syndrome is sometimes considered to be a potential cause of death. However, it has been argued that its sole purpose is to cover up excessive police violence because it is mainly used to explain deaths of individuals in custody. In this paper, we examine the epistemic conditions giving rise to the controversial diagnosis by discussing the relation between causal hypotheses, evidence, and data in forensic medicine. We argue that the (...) practitioners’ social context affects causal inquiry through background assumptions that enter inquiry at multiple stages. This analysis serves to better understand the wide usage of the controversial diagnosis of ExDS. (shrink)

I argue elsewhere (Roche 2014) that evidence of evidence is evidence under screening-off. Tal and Comesaña (2017) argue that my appeal to screening-off is subject to two objections. They then propose an evidence of evidence thesis involving the notion of a defeater. There is much to learn from their very careful discussion. I argue, though, that their objections fail and that their evidence of evidence thesis is open to counterexample.

Since its introduction just over two decades ago, evidence-based medicine (EBM) has come to dominate medical practice, teaching, and policy. There are a growing number of textbooks, journals, and websites dedicated to EBM research, teaching, and evidence dissemination. EBM was most recently defined as a method that integrates best research evidence with clinical expertise and patient values and circumstances in the treatment of patients. There have been debates throughout the early 21st century about what counts as good (...) research evidence between EBM proponents and philosophical critics and even within the EBM community itself. Similar controversy arises about the relative worth of patient values and clinical expertise (and how these can be integrated). EBM has also evolved in ways that have come under scrutiny. Specifically, policymakers have used EBM research methodology to increase the relative importance of clinical guidelines that some clinicians have argued are tyrannical. Philosophers have addressed all of these controversies, and with very few exceptions have been critical of EBM. In addition most philosophical attention has been on the epistemic role of Randomization and evidence hierarchies, with relatively little attention being paid to the role of Diagnosis, expertise, patient values, and Systematic Reviews within EBM. (shrink)

To say that evidence is normative is to say that what evidence one possesses, and how this evidence relates to any proposition, determines which attitude among believing, disbelieving and withholding one ought to take toward this proposition if one deliberates about whether to believe it. It has been suggested by McHugh that this view can be vindicated by resting on the premise that truth is epistemically valuable. In this paper, I modify the strategy sketched by McHugh so (...) as to overcome the initial difficulty that it is unable to vindicate the claim that on counterbalanced evidence with respect to P one ought to conclude deliberation by withholding on P. However, I describe the more serious difficulty that this strategy rests on principles whose acceptance commits one to acknowledging non-evidential reasons for believing. A way to overcome this second difficulty, against the evidentialists who deny this, is to show that we sometimes manage to believe on the basis of non-epistemic considerations. If this is so, one fundamental motivation behind the evidentialist idea that non-epistemic considerations could not enter as reason in deliberation would lose its force. In the second part of this paper I address several strategies proposed in the attempt to show that we sometimes manage to believe on the basis of non-epistemic considerations and show that they all fail. So, I conclude that the strategy inspired by McHugh to ground the normativity of evidence on the value of truth ultimately fails. (shrink)

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

We examine whether the "evidence of evidence is evidence" principle is true. We distinguish several different versions of the principle and evaluate recent attacks on some of those versions. We argue that, whatever the merits of those attacks, they leave the more important rendition of the principle untouched. That version is, however, also subject to new kinds of counterexamples. We end by suggesting how to formulate a better version of the principle that takes into account those new (...) counterexamples. (shrink)

On the phenomenal view of evidence, seemings are evidence. More precisely, if it seems to S that p, S has evidence for p. Here, I raise a worry for this view of evidence; namely, that it has the counterintuitive consequence that two people who disagree would rarely, if ever, share evidence. This is because almost all differences in beliefs would involve differences in seemings. However, many literatures in epistemology, including the disagreement literature and the permissivism (...) literature, presuppose that people who disagree often do share evidence. I conclude that this is a reason to question the phenomenal view of evidence. (shrink)

As a way to make medical decisions, Evidence-Based Medicine (EBM) has failed. EBM's failure arises from not being founded on real-world decision-making. EBM aspires to a scientific standard for the best way to treat a disease and determine its cause, but it fails to recognise that the scientific method is inapplicable to medical and other real-world decision-making. EBM also wrongly assumes that evidence can be marshaled and applied according to an hierarchy that is determined in an argument by (...) authority to the method by which it has been obtained. If EBM had valid theoretical, practical or empirical foundations, there would be no hierarchy of evidence. In all real-world decision-making, evidence stands or falls on its inherent reliability. This has to be and can only be assessed on a case-by-case basis applying understanding and wisdom against the background of all available facts—the "factual matrix." EBM's failure is structural and was inevitable from its inception. EBM confuses the inherent reliability and probative value of evidence with the means by which it is obtained. -/- EBM is therefore an ad hoc construct and is not a valid basis for medical decision-making. This is further demonstrated by its exclusion of relevant scientific and probative real-world decision-making evidence and processes. It draws upon a narrow evidence base that is itself inherently unreliable. It fails to take adequate account of the nature of causation, the full range of evidence relevant to its determination, and differing approaches to determining cause and effect in real-world decision-making. EBM also makes a muddled attempt to emulate the scientific method and it does not acknowledge the role of experience, understanding and wisdom in making medical decisions. (shrink)

This chapter addresses an ambiguity in some of the literature on rational peer disagreement about the use of the term 'rational'. In the literature 'rational' is used to describe a variety of normative statuses related to reasons, justification, and reasoning. This chapter focuses most closely on the upshot of peer disagreement for what is rationally required of parties to a peer disagreement. This follows recent work in theoretical reason which treats rationality as a system of requirements among an agent's mental (...) states. It is argued that peer disagreement has either no, or a very limited, affect on what rationality requires of an agent in a given circumstance. This is in part because of difficulties generated by a novel example of evidence of evidence of p being evidence against p. This example calls into question the mechanisms whereby peer disagreement might affect what is rationally required of an agent. The chapter also reevaluates the importance of actual peer disagreement against the backdrop of prior expectations about whether disagreement is believed to be likely, arguing that peer disagreement is most likely to change what is rationally required of an agent when it is believed to be unlikely. (shrink)

An astonishing volume and diversity of evidence is available for many hypotheses in the biomedical and social sciences. Some of this evidence—usually from randomized controlled trials (RCTs)—is amalgamated by meta-analysis. Despite the ongoing debate regarding whether or not RCTs are the ‘gold-standard’ of evidence, it is usually meta-analysis which is considered the best source of evidence: meta-analysis is thought by many to be the platinum standard of evidence. However, I argue that meta-analysis falls far short (...) of that standard. Different meta-analyses of the same evidence can reach contradictory conclusions. Meta-analysis fails to provide objective grounds for intersubjective assessments of hypotheses because numerous decisions must be made when performing a meta-analysis which allow wide latitude for subjective idiosyncrasies to influence its outcome. I end by suggesting that an older tradition of evidence in medicine—the plurality of reasoning strategies appealed to by the epidemiologist Sir Bradford Hill—is a superior strategy for assessing a large volume and diversity of evidence. (shrink)

On one view of the traditional doxastic attitudes, belief is credence 1, disbelief is credence 0 and suspension is any precise credence between 0 and 1. In ‘Rational agnosticism and degrees of belief’ (2013) Jane Friedman argues, against this view, that there are cases where a credence of 0 is required but where suspension is permitted. If this were so, belief, disbelief and suspension could not be identified or reduced to the aforementioned credences. I argue that Friedman relies on two (...) different notions of epistemic rationality and two different kinds of evidential absence. I clarify these distinctions and show that her argument is either not valid or includes implausible premisses, twice over. If this is so, the view that belief is credence 1, disbelief is credence 0 and suspension is any precise credence between 0 and 1 cannot be rejected on the grounds that Friedman proposes. (shrink)

This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens (...) 1: The self representation - Key findings -/- Lens 2: The expert representation - Key findings -/- Lens 3: The anchor representation - Key findings -/- Conclusions & Future directions. -/- The series of research essentially explores how people represent evidence in mind and presents key findings now cited in the following literatures: Philosophy of Science, Cognitive Expertise, Behavioural Economics, Cognitive Science, Psychology and Public Policy, & Causation and the Law. (shrink)

R. Feldman defends a general principle about evidence the slogan form of which says that ‘evidence of evidence is evidence’. B. Fitelson considers three renditions of this principle and contends they are all falsified by counterexamples. Against both Feldman and Fitelson, J. Comesaña and E. Tal show that the third rendition––the one actually endorsed by Feldman––isn’t affected by Fitelson’s counterexamples, but only because it is trivially true and thus uninteresting. Tal and Comesaña defend a fourth version (...) of Feldman’s principle, which––they claim––has not yet been shown false. Against Tal and Comesaña I show that this new version of Feldman’s principle is false. (shrink)

In the domain of medical science, factual evidence is usually considered as the criterion on which to base decisions and construct hypotheses. Evidence-based medicine is the translation of this approach into the field of patient care, and it means providing only the type of care that is based on evidence that proves its effectiveness and appropriateness. However, while the literature has focused on the types and force of evidence used to establish the recommendation and treatment guidelines, (...) the problem of how evidence is used in doctor–patient interactions to motivate, or refuse, treatment or habit change has been almost completely neglected. In this specific context, characterized by the epistemic unbalance between the interlocutors and a specific conversational goal, the scientific categories of evidence are often irrelevant. The goal of this paper is to address this challenge by analyzing the role evidence plays in doctor–patient interactions in diabetes care. After introducing an analytical distinction between the epistemic and the pragmatic aspect of evidence, we will propose a classification of the types and functions of evidence in chronic care communication, and illustrate its possible uses through its application to our corpus of diabetes-care consultations. From our qualitative analyses, it is possible to observe how in this communicative context a crucial role is played by the conflicts of evidence, in which providers correct patients’ uses of evidence leading them to using less defeasible levels of evidence. (shrink)

What the rational thing to do in the face of disagreement by an epistemic peer is has been much discussed recently. Those who think that a peer’s disagreement is itself evidence against one’s belief, as many do, are committed to a special form of epistemic dependence. If such disagreement is really evidence, it seems reasonable to take it into account and to adjust one’s belief accordingly. But then it seems that the belief one ends up with depends, in (...) part, on what someone else believes, even if one does not know why that someone believes what he does. While the practical impossibility of finding actual cases of peer disagreement has been often noted, its conceptual possibility has gone unquestioned. Here we challenge this consensus and argue, first, that, strictly speaking, peer disagreement is impossible and, second, that cases of – all-too-common – near-peer disagreement present no special puzzle and require nothing more than adhering to standard principles of sensible epistemic conduct. In particular, we argue that in such cases there is no good reason to adopt the widely accepted principle that evidence of evidence is evidence. If so, even if one takes a near-peer’s disagreement as a reason for reexamining one’s belief, one is not epistemically dependent in the sense one would be if that disagreement were evidence concerning the matter in question. (shrink)

With twentieth- and twenty-first-century philosophy of science’s unfolding acceptance of the nature of scientific inquiry being value-laden, the persistent worry has been that there are no means for legitimate negotiation of the social or non-epistemic values that enter into science. The rejection of the value-free ideal in science has thereby been coupled with the spectres of indiscriminate relativism and bias in scientific inquiry. I challenge this view in the context of recently expressed concerns regarding Canada's death of evidence controversy. (...) The worry, raised by Stathis Psillos, is that as constructivist accounts of science demoted the previously secure status of evidence for drawing justified conclusions in science, we were left with no rational delineation between the right and wrong values for science. The implication for the death of evidence controversy is that we may have no rational grounds for claiming that the Canadian Government is wrong to interfere with scientific enterprise. But he does offer another avenue for reaching the conclusion that the wrong social values are directing the current stifling of some sectors of Canadian science. Psillos draws from standpoint epistemologies to devise a salient defence of ‘valuing evidence’ as a universalizable social value. That is, government bodies ought to enable scientific research via adequate funding as well as political non-interference. In this paper, I counter that non-epistemic values can be rationally evaluated and that standpoint epistemology’s universalizable standpoint provides an inadequate framework for negotiating social values in science. Regarding, I draw from the evidence-based medicine debate in philosophy of medicine and from feminist empiricist investigations into the science–values relationship in order to make the argument for empirically driven value arbitration. If social values can be rationally chosen in the context of justification, then we can have grounds for charging the Canadian leadership with being ‘at war with science’. I further argue that my recommended empiricist methodology is preferable to Psillos’s search for universalizable perspectives for negotiating social values in science because the latter method permits little more than the trivial conclusion that evidence is valuable to science. (shrink)

Evidence-based medicine is a clinical decision-making framework which makes claims about what physicians ought to do. Though heralded as the cutting edge of medical science, evidence-based medicine is a value-laden normative theory which implicitly depends on substantive views regarding what is morally good or right. In this paper, I provide an ethical analysis of evidence-based medicine. I consider its normative underpinnings in three ethical theories: utilitarianism, Kantian deontology, and virtue ethics. In the face of uncertainty, evidence-based (...) medicine endorses expected utility theory using the best available evidence in order to avoid doing more harm than good. In accordance with the Kantian respect for individuals as ends in themselves, evidence-based medicine calls for integrating the values and preferences of the patient. De-emphasizing intuition, clinical expertise, and pathophysiologic rationale emphasizes the need for the intellectual virtues of curiosity, critical thinking, and courage. Evidence-based medicine is a successful clinical practice that can be morally justified by all three major ethical theories. Although its focus on maximizing good health outcomes and integrating respect for individual patients has been emphasized, the role of the intellectual virtues in evidence-based medicine remains highly under-explored. (shrink)

Evidence-based medicine is a clinical decision making framework which makes claims about what physicians ought to do. Though heralded as the cutting edge of medical science evidence-based medicine is a value laden normative theory which implicitly depends on substantive views regarding what is morally good or right. In this paper, I provide an ethical analysis of evidence-based medicine. I consider its normative underpinnings in three ethical theories: utilitarianism, Kantian deontology, and virtue ethics. In the face of uncertainty, (...) evidence-based medicine endorses expected utility theory using the best available evidence in order to avoid doing more harm than good. In accordance with the Kantian respect for individuals as ends in themselves, evidence-based medicine calls for integrating the values and preferences of the patient. De-emphasizing intuition, clinical expertise, and pathophysiologic rationale emphasizes the need for the intellectual virtues of curiosity, critical thinking, and courage. Evidence-based medicine is a successful clinical practice that can be morally justified by all three major ethical theories. Although its focus on maximizing good health outcomes and integrating respect for individual patients has been emphasized, the role of the intellectual virtues in evidence- based medicine remains highly under-explored. (shrink)

To study climate change, scientists employ computer models, which approximate target systems with various levels of skill. Given the imperfection of climate models, how do scientists use simulations to generate knowledge about the causes of observed climate change? Addressing a similar question in the context of biological modelling, Levins (1966) proposed an account grounded in robustness analysis. Recent philosophical discussions dispute the confirmatory power of robustness, raising the question of how the results of computer modelling studies contribute to the body (...) of evidence supporting hypotheses about climate change. Expanding on Staley’s (2004) distinction between evidential strength and security, and Lloyd’s (2015) argument connecting variety-of-evidence inferences and robustness analysis, I address this question with respect to recent challenges to the epistemology robustness analysis. Applying this epistemology to case studies of climate change, I argue that, despite imperfections in climate models, and epistemic constraints on variety-of-evidence reasoning and robustness analysis, this framework accounts for the strength and security of evidence supporting climatological inferences, including the finding that global warming is occurring and its primary causes are anthropogenic. (shrink)

Because “evidence” is at issue in evidence-based medicine (EBM), the critical responses to the movement have taken up themes from post-positivist philosophy of science to demonstrate the untenability of the objectivist account of evidence. While these post-positivist critiques seem largely correct, I propose that when they focus their analyses on what counts as evidence, the critics miss important and desirable pragmatic features of the evidence-based approach. This article redirects critical attention toward EBM’s rigid hierarchy of (...) evidence as the culprit of its objectionable epistemic practices. It reframes the EBM discourse in light of a distinction between objectivist and pragmatic epistemology, which allows for a more nuanced analysis of EBM than previously offered: one that is not either/or in its evaluation of the decision-making technology as either iconoclastic or creedal. -/- . (shrink)

In robustness analysis, hypotheses are supported to the extent that a result proves robust, and a result is robust to the extent that we detect it in diverse ways. But what precise sense of diversity is at work here? In this paper, I show that the formal explications of evidential diversity most often appealed to in work on robustness – which all draw in one way or another on probabilistic independence – fail to shed light on the notion of diversity (...) relevant to robustness analysis. I close by briefly outlining a promising alternative approach inspired by Horwich’s (1982) eliminative account of evidential diversity. (shrink)

After a presentation of the problem of God's hiddenness, there is discussion of two arguments for God's nonexistence related to that problem. One is the Lack-of-evidence Argument (LEA), according to which there would have been good objective evidence of God's existence if he were to exist. The other is the Argument from Nonbelief (ANB), according to which there would not be as many nonbelievers as there actually are if God were to exist. Reasons are given for assessing ANB (...) as a stronger argument than LEA. (shrink)

In their reviews of The Kuhnian Image of Science: Time for a Decisive Transformation? (2018), both Markus Arnold (2018) and Amanda Bryant (2018) complain that the contributors who criticize Kuhn’s theory of scientific change have misconstrued his philosophy of science and they praise those who seek to defend the Kuhnian image of science. In what follows, then, I would like to address their claims about misconstruing Kuhn’s theory of scientific change. But my focus here, as in the book, will be (...) the evidence (or lack thereof) for the Kuhnian image of science. I will begin with Arnold’s review and then move on to Bryant’s review. (shrink)

The philosophical literature on scientific explanation in neuroscience has been dominated by the idea of mechanisms. The mechanist philosophers often claim that neuroscience is in the business of finding mechanisms. This view has been challenged in numerous ways by showing that there are other successful and widespread explanatory strategies in neuroscience. However, the empirical evidence for all these claims was hitherto lacking. Empirical evidence about the pervasiveness and uses of various explanatory strategies in neuroscience is particularly needed because (...) examples and case studies that are used to illustrate philosophical claims so far tend to be hand-picked. The risk of confirmation bias is therefore considerable: when looking for white swans, all one finds is that swans are white. The more systematic quantitative and qualitative bibliometric study of a large body of relevant literature that we present in this paper can put such claims into perspective. Using bibliometric tools, we identify the typical linguistic patterns used in the alleged mechanistic, dynamical, and topological explanations in the literature, their preponderance and how they change over time. Our findings show abundant use of mechanistic language, but also the presence of a significant neuroscience literature using topological and dynamical explanatory language, which grows over time and increasingly differentiates from each other and from mechanistic explanations. (shrink)

It is still a live question in epistemology and philosophy of science as to what exactly evidence is. In my view, evidence consists in experiences called “seemings.” This view is a version of the phenomenal conception of evidence, the position that evidence consists in nonfactive mental states with propositional content. This conception is opposed by sense-data theorists, disjunctivists, and those who think evidence consists in physical objects or publicly observable states of affairs—call it the courtroom (...) conception of evidence. Thomas Kelly has recently argued that the phenomenal conception cannot play all the roles evidence plays and is thus inadequate. Having first explained the nature of seemings, in this essay I utilize Kelly’s own understanding of the four major roles of evidence and argue that the phenomenal conception can play each one. Experience is a good candidate for evidence. (shrink)

The purpose of this paper is to show whether the two crucial dimensions used for assessing the quality of argumentation, argument-as-a-product (argument structure) and argument-as-a-process (relevance), are interrelated, and how they can be used to assess the effect of argumentative mode on students’ arguments. To this purpose, a twofold coding scheme will be developed, aimed at capturing: a) the argumentative function of evidence use and b) the dialogical relevance of evidence use. A study will be described in which (...) students’ use of evidence is elicited in two distinct argumentative modes (dialogical vs. non-dialogical). According to the results, in the dialogical mode students tended to use evidence in a more sophisticated way from both argument evaluation perspectives. (shrink)

In this multi-disciplinary investigation we show how an evidence-based perspective of quantification---in terms of algorithmic verifiability and algorithmic computability---admits evidence-based definitions of well-definedness and effective computability, which yield two unarguably constructive interpretations of the first-order Peano Arithmetic PA---over the structure N of the natural numbers---that are complementary, not contradictory. The first yields the weak, standard, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically verifiable Tarskian truth values to the formulas of PA under (...) the interpretation. The second yields a strong, finitary, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically computable Tarskian truth values to the formulas of PA under the interpretation. We situate our investigation within a broad analysis of quantification vis a vis: * Hilbert's epsilon-calculus * Goedel's omega-consistency * The Law of the Excluded Middle * Hilbert's omega-Rule * An Algorithmic omega-Rule * Gentzen's Rule of Infinite Induction * Rosser's Rule C * Markov's Principle * The Church-Turing Thesis * Aristotle's particularisation * Wittgenstein's perspective of constructive mathematics * An evidence-based perspective of quantification. By showing how these are formally inter-related, we highlight the fragility of both the persisting, theistic, classical/Platonic interpretation of quantification grounded in Hilbert's epsilon-calculus; and the persisting, atheistic, constructive/Intuitionistic interpretation of quantification rooted in Brouwer's belief that the Law of the Excluded Middle is non-finitary. We then consider some consequences for mathematics, mathematics education, philosophy, and the natural sciences, of an agnostic, evidence-based, finitary interpretation of quantification that challenges classical paradigms in all these disciplines. (shrink)

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

This article proposes to read John Banville’s The Book of Evidence, a crime story narrated from the protagonist’s first-person gaze, from a Lacanian perspective by referring to his mirror stage theory. As an extension of testimonial literature, the novel is deemed to be a narrative of introspective self-examination, thus introducing a creation of “the self” paralleling the text. The protagonist’s mnemonic narrative is accompanied by the idea of an alternative world of not only self-expression but also self-depiction and presentation, (...) as in Lacan’s Imaginary. This self-creation, however, may not be as innocent as it seems. The reason for this is that although the mirror phase involves a transition from the Imaginary to the Symbolic, it presupposes the role of the other, biologically (m)other, in order to accustom the subject to the law of society. However, just because the protagonist, Freddie, mentions his mother’s presence as “nothing,” there is no soothing force for his adaptation to societal laws. Here, Freddie is subject to what Lacan sees as a minor prototype who lives in a society and yet is attached to his own rules, which is the first principle of male violence associated with this novel. Therefore, this article also tries to find answers for Freddie’s performance of male violence within the axis of psychoanalytic postulations elaborated on Lacan’s identity theory. (shrink)