Results for 'preponderance of evidence'

1000+ found
Order:
  1. Legal Burdens of Proof and Statistical Evidence.Georgi Gardiner - forthcoming - In James Chase & David Coady (eds.), The Routledge Handbook of Applied Epistemology. Routledge.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  2. Statistical Evidence, Normalcy, and the Gatecrasher Paradox.Michael Blome-Tillmann - 2020 - Mind 129 (514):563-578.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  3. 'More Likely Than Not' - Knowledge First and the Role of Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2017 - In Adam Carter, Emma Gordon & Benjamin Jarvis (eds.), Knowledge First - Approaches in Epistemology and Mind. Oxford, UK: Oxford University Press. pp. 278-292.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   13 citations  
  4. Sensitivity, Causality, and Statistical Evidence in Courts of Law.Michael Blome-Tillmann - 2015 - Thought: A Journal of Philosophy 4 (2):102-112.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   27 citations  
  5. When Does Evidence Suffice for Conviction?Martin Smith - 2018 - Mind 127 (508):1193-1218.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   30 citations  
  6. The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   12 citations  
  7. Against the Alleged Insufficiency of Statistical Evidence.Sam Fox Krauss - 2020 - Florida State University Law Review 47:801-825.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  8. Belief, Credence and Statistical Evidence.Davide Fassio & Jie Gao - 2020 - Theoria 86 (4):500-527.
    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 (...) 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)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  9.  66
    Civil Liability and the 50%+ Standard of Proof.Martin Smith - 2021 - International Journal of Evidence and Proof 25 (3):183-199.
    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. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  10.  21
    De Re Beliefs and Evidence in Legal Cases.Samuel J. Thomas - 2021 - Dissertation, Arizona State University
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  11. The “She Said, He Said” Paradox and the Proof Paradox.Georgi Gardiner - forthcoming - In Zachary Hoskins and Jon Robson (ed.), Truth and Trial.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  12. Evidence of Evidence as Higher Order Evidence.Anna-Maria A. Eder & Peter Brössel - 2019 - In Mattias Skipper & Asbjørn Steglich-Petersen (eds.), Higher-Order Evidence: New Essays. Oxford University Press. pp. 62-83.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  13. Evidence of Evidence is Evidence Under Screening-Off.William Roche - 2014 - Episteme 11 (1):119-124.
    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.
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  14. Evidence of Evidence is Evidence.Juan Comesaña & Eyal Tal - 2015 - Analysis 75 (4):557-559.
    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.
    Download  
     
    Export citation  
     
    Bookmark   8 citations  
  15. Is Evidence of Evidence Evidence?Eyal Tal & Juan Comesaña - 2017 - Noûs 51 (1):95-112.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   18 citations  
  16. A Theory of Evidence for Evidence-Based Policy.Nancy Cartwright & Jacob Stegenga - 2011 - In Philip Dawid, William Twining & Mimi Vasilaki (eds.), Evidence, Inference and Enquiry. Oup/British Academy. pp. 291.
    WE AIM HERE to outline a theory of evidence for use. More specifically we lay foundations for a guide for the use of evidence in predicting policy effectiveness in situ, a more comprehensive guide than current standard offerings, such as the Maryland rules in criminology, the weight of evidence scheme of the International Agency for Research on Cancer (IARC), or the US ‘What Works Clearinghouse’. The guide itself is meant to be well-grounded but at the same time (...)
    Download  
     
    Export citation  
     
    Bookmark   14 citations  
  17. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    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.
    Download  
     
    Export citation  
     
    Bookmark   16 citations  
  18. Is Evidence of Evidence Evidence? Screening-Off Vs. No-Defeaters.Roche William - 2018 - Episteme 15 (4):451-462.
    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.
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  19. How Can Feminist Theories of Evidence Assist Clinical Reasoning and Decision-Making?Maya J. Goldenberg - 2013 - Social Epistemology (TBA):1-28.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   6 citations  
  20. Epistemic Blame and the Normativity of Evidence.Sebastian Schmidt - 2021 - Erkenntnis:1-24.
    The normative force of evidence can seem puzzling. It seems that having conclusive evidence for a proposition does not, by itself, make it true that one ought to believe the proposition. But spelling out the condition that evidence must meet in order to provide us with genuine normative reasons for belief seems to lead us into a dilemma: the condition either fails to explain the normative significance of epistemic reasons or it renders the content of epistemic norms (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  21. Robustness, Diversity of Evidence, and Probabilistic Independence.Jonah N. Schupbach - 2015 - In Mäki, Ruphy, Schurz & Votsis (eds.), Recent Developments in the Philosophy of Science: EPSA13 Helsinki. Springer. pp. 305-316.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   9 citations  
  22. The Real World Failure of Evidence-Based Medicine.Donald W. Miller & Clifford Miller - 2011 - International Journal of Person Centered Medicine 1 (2):295-300.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  23. ‘Peer Disagreement’ and Evidence of Evidence.John Biro & Fabio Lampert - 2018 - Logos and Episteme 9 (4):379-402.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  24. Is Meta-Analysis the Platinum Standard of Evidence?Jacob Stegenga - 2011 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 42 (4):497-507.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   52 citations  
  25. The (Lack of) Evidence for the Kuhnian Image of Science.Moti Mizrahi - 2018 - Social Epistemology Review and Reply Collective 7 (7):19-24.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  26. Iconoclast or Creed? Objectivism, Pragmatism, and the Hierarchy of Evidence.Maya J. Goldenberg - 2009 - Perspectives in Biology and Medicine 52 (2):168-187.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   17 citations  
  27. The Philosophical Limits of Evidence-Based Medicine.Mark Tonelli - 1998 - Academic Medicine 73:1234-1240.
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   59 citations  
  28. Tal and Comesaña on Evidence of Evidence.Luca Moretti - 2016 - The Reasoner 10 (5):38-39.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  29. Can Experience Fulfill the Many Roles of Evidence?Logan Paul Gage - 2018 - Quaestiones Disputatae 8 (2):87-111.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  30. Nonbelief Vs. Lack of Evidence: Two Atheologlcal Arguments.Theodore M. Drange - 1998 - Philo 1 (1):105-114.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  31. The Significance of Evidence-Based Reasoning in Mathematics, Mathematics Education, Philosophy, and the Natural Sciences.Bhupinder Singh Anand - 2020 - Mumbai: DBA Publishing (First Edition).
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  32. Peer Disagreement, Rational Requirements, and Evidence of Evidence as Evidence Against.Andrew Reisner - 2016 - In Pedro Schmechtig & Martin Grajner (eds.), Epistemic Reasons, Norms and Goals. De Gruyter. pp. 95-114.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  33. Whose Social Values? Evaluating Canada’s ‘Death of Evidence’ Controversy.Maya J. Goldenberg - 2015 - Canadian Journal of Philosophy 45 (3):404-424.
    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. (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  34. Beliefs as Inner Causes: The (Lack of) Evidence.Devin Sanchez Curry - 2018 - Philosophical Psychology 31 (6):850-877.
    Many psychologists studying lay belief attribution and behavior explanation cite Donald Davidson in support of their assumption that people construe beliefs as inner causes. But Davidson’s influential argument is unsound; there are no objective grounds for the intuition that the folk construe beliefs as inner causes that produce behavior. Indeed, recent experimental work by Ian Apperly, Bertram Malle, Henry Wellman, and Tania Lombrozo provides an empirical framework that accords well with Gilbert Ryle’s alternative thesis that the folk construe beliefs as (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  35.  89
    Demographic Statistics in Defensive Decisions.Renée Jorgensen Bolinger - 2019 - Synthese 198 (5):4833-4850.
    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, (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  36. Computer Models and the Evidence of Anthropogenic Climate Change: An Epistemology of Variety-of-Evidence Inferences and Robustness Analysis.Martin Vezer - 2016 - Computer Models and the Evidence of Anthropogenic Climate Change: An Epistemology of Variety-of-Evidence Inferences and Robustness Analysis MA Vezér Studies in History and Philosophy of Science 56:95-102.
    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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   5 citations  
  37. Philosophy of Evidence Based Medicine (Oxford Bibliography: Http://Www.Oxfordbibliographies.Com/View/Document/Obo-9780195396577/Obo-9780195396577-0253.Xml).Jeremy Howick, Ashley Graham Kennedy & Alexander Mebius - 2015 - Oxford Bibliography.
    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 (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  38.  47
    Lenses of Evidence – Jurors’ Evidential Reasoning. *Invited Talk –Experimental Psychology Oxford Seminar Series 2010.Michelle B. Cowley-Cunningham - 2010 - SSRN E-Library Legal Anthropology eJournal, Archives of Vols. 1-3, 2016-2018.
    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 (...)
    Download  
     
    Export citation  
     
    Bookmark  
  39. Science, Values, and the Priority of Evidence.P. D. Magnus - 2018 - Logos and Episteme 9 (4):413-431.
    It is now commonly held that values play a role in scientific judgment, but many arguments for that conclusion are limited. First, many arguments do not show that values are, strictly speaking, indispensable. The role of values could in principle be filled by a random or arbitrary decision. Second, many arguments concern scientific theories and concepts which have obvious practical consequences, thus suggesting or at least leaving open the possibility that abstruse sciences without such a connection could be value-free. Third, (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  40. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2020 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  41. Statistical Evidence, Sensitivity, and the Legal Value of Knowledge.David Enoch, Levi Spectre & Talia Fisher - 2012 - Philosophy and Public Affairs 40 (3):197-224.
    The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a (...)
    Download  
     
    Export citation  
     
    Bookmark   65 citations  
  42. On Evidence and Evidence-Based Medicine: Lessons From the Philosophy of Science.Maya J. Goldenberg - 2006 - Social Science and Medicine 62 (11):2621-2632.
    The evidence-based medicine (EBM) movement is touted as a new paradigm in medical education and practice, a description that carries with it an enthusiasm for science that has not been seen since logical positivism flourished (circa 1920–1950). At the same time, the term ‘‘evidence-based medicine’’ has a ring of obviousness to it, as few physicians, one suspects, would claim that they do not attempt to base their clinical decision-making on available evidence. However, the apparent obviousness of EBM (...)
    Download  
    Translate
     
     
    Export citation  
     
    Bookmark   40 citations  
  43. Evidence and the Openness of Knowledge.Assaf Sharon & Levi Spectre - 2017 - Philosophical Studies 174 (4):1001-1037.
    The paper argues that knowledge is not closed under logical inference. The argument proceeds from the openness of evidential support and the dependence of empirical knowledge on evidence, to the conclusion that knowledge is open. Without attempting to provide a full-fledged theory of evidence, we show that on the modest assumption that evidence cannot support both a proposition and its negation, or, alternatively, that information that reduces the probability of a proposition cannot constitute evidence for its (...)
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  44. Evidence of Factive Norms of Belief and Decision.John Turri - 2015 - Synthese 192 (12):4009-4030.
    According to factive accounts of the norm of belief and decision-making, you should not believe or base decisions on a falsehood. Even when the evidence misleadingly suggests that a false proposition is true, you should not believe it or base decisions on it. Critics claim that factive accounts are counterintuitive and badly mischaracterize our ordinary practice of evaluating beliefs and decisions. This paper reports four experiments that rigorously test the critic’s accusations and the viability of factive accounts. The results (...)
    Download  
     
    Export citation  
     
    Bookmark   20 citations  
  45. Evidence of Expert's Evidence is Evidence.Luca Moretti - 2016 - Episteme 13 (2):208-218.
    John Hardwig has championed the thesis (NE) that evidence that an expert EXP has evidence for a proposition P, constituted by EXP’s testimony that P, is not evidence for P itself, where evidence for P is generally characterized as anything that counts towards establishing the truth of P. In this paper, I first show that (NE) yields tensions within Hardwig’s overall view of epistemic reliance on experts and makes it imply unpalatable consequences. Then, I use Shogenji-Roche’s (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  46. Bayesian Learning Models with Revision of Evidence.William Harper - 1978 - Philosophia 7 (2):357-367.
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  47. Higher‐Order Evidence and the Limits of Defeat.Maria Lasonen-Aarnio - 2014 - Philosophy and Phenomenological Research 88 (2):314-345.
    Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some (...)
    Download  
     
    Export citation  
     
    Bookmark   171 citations  
  48. The Unity of Evidence and Coherence.Declan Smithies - manuscript
    Download  
     
    Export citation  
     
    Bookmark  
  49. Evidence-Seeking as an Expression of Faith.Katherine Dormandy - 2018 - American Catholic Philosophical Quarterly 92 (3):409-428.
    Faith is often regarded as having a fraught relationship with evidence. Lara Buchak even argues that it entails foregoing evidence, at least when this evidence would influence your decision to act on the proposition in which you have faith. I present a counterexample inspired by the book of Job, in which seeking evidence for the sake of deciding whether to worship God is not only compatible with faith, but is in fact an expression of great faith. (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  50. Clinical Evidence and the Absent Body in Medical Phenomenology: On the Need for a New Phenomenology of Medicine.Maya J. Goldenberg - 2010 - International Journal of Feminist Approaches to Bioethics 3 (1):43-71.
    The once animated efforts in medical phenomenology to integrate the art and science of medicine (or to humanize scientific medicine) have fallen out of philosophical fashion. Yet the current competing medical discourses of evidencebased medicine and patient-centered care suggest that this theoretical endeavor requires renewed attention. In this paper, I attempt to enliven the debate by discussing theoretical weaknesses in the way the “lived body” has operated in the medical phenomenology literature—the problem of the absent body—and highlight how evidence-based (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
1 — 50 / 1000