Are the circumstances in which moral testimony serves as evidence that our judgement-forming processes are unreliable the same circumstances in which mundane testimony serves as evidence that our mundane judgement-forming processes are unreliable? In answering this question, we distinguish two possible roles for testimony: (i) providing a legitimate basis for a judgement, (ii) providing (‘higher-order’) evidence that a judgement-forming process is unreliable. We explore the possibilities for a view according to which moral testimony does not, in contrast (...) to mundane testimony play role (i), but can play role (ii). We argue that standard motivations for rejecting this hybrid position are unpersuasive but suggest that a more compelling reason might be found in considering the social nature of morality. (shrink)

In this paper, I consider an example of fast science produced in the early stages of the pandemic and the lasting effects of the study on public safety and trust in science. Due to pressures intrinsic to contemporary science and from the pandemic to produce research on COVID quickly, studies on COVID-19 that did not meet rigorous scientific standards were used to form public health policies and recommendations. I argue that the fast science produced for COVID-19, which caused many public (...) health policies and recommendations to change throughout the pandemic, confuses the publics and erodes their trust in science. (shrink)

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 (...) theorem of transitivity of incremental confirmation to show that (NE) is false if a natural Bayesian formalization of the above notion of evidence is implemented. I concede that Hardwig could resist my Bayesian objection if he re-interpreted (NE) as a more precise thesis that only applies to community-focused evidence. I argue, however, that this precisification, while diminishing the philosophical relevance of (NE), wouldn’t settle the tensions internal to Hardwig’s views. (shrink)

Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...) audience’s evidence under-determines which proposition a speaker is asserting. I argue that Peet’s epistemic uncertainty account of the threat is mistaken and I propose an alternative. The alternative locates the threat in contexts that provide factors that give audiences a mistaken psychological certainty or confidence that a speaker has asserted a proposition she has not. (shrink)

A natural view of testimony holds that a source's statements provide one with evidence about what the source believes, which in turn provides one with evidence about what is true. But some theorists have gone further and developed a broadly analogous view of memory. According to this view, which this essay calls the “diary model,” one's memory ordinarily serves as a means for one's present self to gain evidence about one's past judgments, and in turn about the (...) truth. This essay rejects the diary model's analogy between memory and testimony from one's former self, arguing first that memory and a diary differ with respect to their psychological roles, and second that this psychological difference underwrites important downstream epistemic differences. The resulting view stands opposed to prominent discussions of memory and testimony, which either, like the diary model, treat memory by analogy to what we naively wish to say about testimony, or which instead attempt to extend to testimony the epistemically preservative role of memory. (shrink)

Unlike other sources of evidence like perception and memory, testimony is intimately related to natural language. That intimacy cannot be overlooked. In this chapter, I show how cross-linguistic considerations are relevant to the epistemology of testimony. I make my case with declaratives containing grammaticalized evidentials. My discussion has a negative and a positive part. For the negative part, it is argued that some definitions of testimony are mistaken because they do not apply to testimony offered by a declarative containing (...) an evidential. The positive component discusses a new puzzle noted by McCready (2015) that evidentials raise about the justificatory status of testimony-based beliefs. (shrink)

This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an (...) extensive discussion of standard accounts of both kinds of trust and criticises especially the standard accounts of non-evidential trust. A new account of non-evidential trust is offered that avoids a number of difficulties that plague the standard accounts by rejecting what we call ‘attitude-liability assumptions’. (shrink)

A number of philosophers, from Thomas Reid1 through C. A. J. Coady2, have argued that one is justified in relying on the testimony of others, and furthermore, that this should be taken as a basic epistemic presumption. If such a general presumption were not ultimately dependent on evidence for the reliability of other people, the ground for this presumption would be a priori. Such a presumption would then have a status like that which Roderick Chisholm claims for the epistemic (...) principle that we are justified in believing what our senses tell us. (shrink)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line (...) with the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

Drawing on both empirical evidence and evolutionary considerations, Sperber et al. argue that humans have a suite of evolved mechanisms for . On their view, vigilance plays a crucial role in ensuring the reliability and hence the evolutionary stability of communication. This article responds to their argument for vigilance, drawing on additional empirical evidence (from deception detection research) and evolutionary considerations (from animal signalling research) to defend a more optimistic, quasi-Reidian view of communication. On this alternative view, the (...) lion's share of the responsibility for explaining the reliability of testimony falls not to the vigilance of receivers but rather to the honesty of communicators, implying that vigilance does not play a major role in explaining the evolutionary stability of communication. (shrink)

Although research on epistemic injustice has focused on the effects of prejudice in epistemic exchanges, the account of prejudice that emerges in Fricker’s (2007) view is not completely clear. In particular, I claim that the epistemic role of prejudice in the structure of testimonial justification is still in need of a satisfactory explanation. What special epistemic power does prejudice exercise that prevents the speaker’s words from constituting evidence for the hearer’s belief? By clarifying this point, it will be (...) possible to address two more general issues concerning the nature of prejudice: its resistance to counterevidence and the steps involved in overcoming prejudice. I propose a hinge account of prejudice, based on the recent perspective of hinge epistemology, to help clarify these aspects. According to the hinge account, prejudices share a fundamental feature with hinges: they work as norms of evidential significance, and as such, they determine what can and cannot count as evidence for belief. (shrink)

Hume, in the Enquiry Section X Part 1, claims that ’all probability supposes an opposition of experiments and observations, where one side is found to overbalance the other and to produce a degree of evidence proportioned to the superiority’. He concludes that in assessing miracle-claims one should weigh the historical testimony supporting the miracle against the testimony supporting the regularity to which it is an exception. I argue that both his premise and his conclusion are false.

Assurance theories of testimony attempt to explain what is distinctive about testimony as a form of epistemic warrant or justification. The most characteristic assurance theories hold that a distinctive subclass of assertion (acts of “telling”) involves a real commitment given by the speaker to the listener, somewhat like a promise to the effect that what is asserted is true. This chapter sympathetically explains what is attractive about such theories: instead of treating testimony as essentially similar to any other kind of (...) evidence, they instead make testimonial warrant depend on essential features of the speech act of testimony as a social practice. One such feature is “buck-passing,” the phenomenon that when I am challenged to defend a belief I acquired through testimony, I may respond by referring to the source of my testimony (and thereby “passing the buck”) rather than providing direct evidence for the truth of the content of the belief. The chapter concludes by posing a serious challenge to assurance theories, namely that the social practice of assurance insufficiently ensures the truth of beliefs formed on the basis of testimony, and thereby fails a crucial epistemological test as a legitimate source of beliefs. (shrink)

This paper argues that philosophical debates between Nyāya and Buddhists on the nature and acquisition of testimonial knowledge present contrasting images of the role played by the epistemic agent in the knowing process. According to Nyāya, an individual can acquire testimonial knowledge automatically—and with little epistemic work—from a trustworthy speaker’s say-so. On the other hand, Buddhist epistemologists, who claim that testimonial knowledge is a species of inferential knowledge, argue that, in order to acquire knowledge from a speaker’s (...) statements, an epistemic agent must possess non-testimonial evidence for the reliability of the testimony in question. This disagreement regarding the division of epistemic labour in testimonial exchanges demonstrates how differently Nyāya and Buddhist philosophers view the prevalence and practical importance of testimonial knowledge. For Nyāya, the ubiquity and easy acquisition of testimonial knowledge help explain the success of our daily actions. However, for Buddhist epistemologists, despite the regularity with which we successfully act based on what others tell us, testimonial knowledge is, in fact, less common, and more difficult to acquire, than we might think. (shrink)

This paper defends reductionism about testimonial justification of beliefs against two influential arguments. One is the empirical argument to the effect that the reductionist justification of our trust in testimony is either circular since it relies on testimonial evidence or else there is scarce evidence in support of our trust in testimony. The other is the transcendental argument to the effect that trust in testimony is a prerequisite for the very existence of testimonial evidence (...) since without the presumption of people’s truthfulness we cannot interpret their utterances as testimony with propositional contents. This paper contends that the epistemic subject can interpret utterances as testimony with propositional contents without presupposing the credibility of testimony, and that evidence available to the normal epistemic subject can justify her trust in testimony. (shrink)

Evidence is often taken to be “normative” for doxastic agents. For instance, we are told to apportion our beliefs to the evidence, to not believe a claim without seeking out countervailing evidence, and so on. But what accounts for the normativity of evidence? This dissertation is devoted to answering this question. In order to answer it, I develop a novel approach to the theory of epistemic normativity. According to my approach, epistemic norms structure a social practice (...) of epistemic accountability. This approach shares affinities with Strawsonian attempts to elucidate moral responsibility by considering the conditions under which it’s appropriate to subject a person to the “reactive attitudes” (e.g. resentment and indignation). However, when it comes to epistemic (as opposed to moral) accountability, I argue that the relevant attitudinal responses need not involve reactive emotions. Moreover, what I seek to elucidate by appealing to these attitudinal responses is not responsible agency, but rather the content and normative significance of epistemic norms. Crucial to my approach is a distinctly epistemic way of holding a person accountable for their doxastic attitudes. To hold a person epistemically accountable, on my approach, is to modify trust in the person in a particular way. For instance, someone might cease to take a person’s words at face value when it comes to a certain topic, or someone might be unwilling to rely on another as a testimonial source of information. I argue that our practice of epistemic accountability is a legitimate social practice. I then go on to consider what norms of belief structure its activities. I argue that a number of norms of belief are implicit in our practice of epistemic accountability, including evidential norms and knowledge norms. I ultimately argue that our acceptance of epistemic norms is itself grounded in the fact that we participate in a social practice wherein we hold each other epistemically accountable. (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)

Can beliefs that are not consciously formulated serve as part of an agent's evidence for other beliefs? A common view says no, any belief that is psychologically immediate is also epistemically immediate. I argue that some unconscious beliefs can serve as evidence, but other unconscious beliefs cannot. Person-level beliefs can serve as evidence, but subpersonal beliefs cannot. I try to clarify the nature of the personal/subpersonal distinction and to show how my proposal illuminates various epistemological problems and (...) provides a principled framework for solving other problems. (shrink)

I explore and develop the idea that (NA) knowledge is non-accidentally true belief. The applicable notion of non-accidentality differs from that of ‘epistemic luck’ discussed by Pritchard. Safety theories may be seen as a refinement of, or substitute for, NA but they are subject to a fundamental difficulty. At the same time, NA needs to be adjusted in order to cope with two counterexamples. The Light Switch Case turns on the ‘directionof-fit’ between a belief and the facts, while the Meson (...) Case concerns knowledge of nomological necessities. A proposed revision to NA is: (ENA) S knows that P when S’s belief that P is non-accidentally true because (i) it is based on good evidence, and (ii) in and of themselves, beliefs based on good evidence tend to be true. ‘knowledge-as-credit’ accounts have been offered as an alternative way of sharpening NA. I argue that such accounts face serious objections that don’t apply to ENA. Finally, I take up Lackey’s worry that the credit-based approach mishandles knowledge via testimony. ENA faces no difficulty on that score, which counts in its favor. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose of this (...) paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

In this paper I argue for a version of the Total Evidence view according to which the rational response to disagreement depends upon one's total evidence. I argue that perceptual evidence of a certain kind is significantly weightier than many other types of evidence, including testimonial. Furthermore, what is generally called "The Uniqueness Thesis" is actually a conflation of two distinct principles that I dub "Evidential Uniqueness" and "Rationality Uniqueness." The former principle is likely true (...) but the latter almost certainly false. Seeing why the Rationality Uniqueness fails opens the door to seeing how mutual reasonable disagreement is possible even among those who share the same evidence. (shrink)

In this paper we analyses the work of the first century Chinese philosopher Wang Chong as in part grappling with epistemology of testimony. Often portrayed as a curmudgeonly skeptic, Wang Chong actually best seen as a demanding piecemeal non-reductionist, which is to say he believed that testimony was a basic source of evidence unless subject to a defeater (non-reductionism), but also that we should evaluate testimony on a claim-by-claim basis (piecemeal) rather than accepting a whole source on the strength (...) of its reputation or authority, and finally he thought one has a strong duty to search for defeaters (demanding). We defend each of these claims as well as the fruitfulness of applying such anachronistic terminology to an ancient thinker. We end with a discussion of how Wang Chong's epistemology relates to his rhetorical method and then consider some problems he faces because of his epistemic commitments. (shrink)

Public discourse implicitly appeals to what we call the “Traumatic Untrustworthiness Argument” (TUA). To motivate, articulate, and assess the TUA, we appeal to Hawley’s (2019) commitment account of trust and trustworthiness. On Hawley’s account, being trustworthy consists in the successful avoidance of unfulfilled commitments and involves three components: the actual avoidance of unfulfilled commitments, sincerity in one’s taking on elective commitments, and competence in fulfilling commitments one has incurred. In contexts of testimony, what’s at issue is the speaker’s competence and (...) sincere intention to speak truthfully. The TUA targets trauma victims’ competence rather than their sincerity. According to the TUA, empirical evidence shows that trauma undermines victims’ trustworthiness with regard to speaking truthfully about their trauma by undermining their competence to remember the relevant event. We argue that what the evidence shows is rather that remembering traumatic events involves a distinct “mode of manifesting” the competence to remember particular events from the personal past. Trauma victims are competent to speak truthfully about their trauma and ought to be trusted at least with regard to the central details of the event. By suggesting otherwise, the TUA threatens an insidious form of epistemic injustice which Hawley’s account helps us locate. (shrink)

Most epistemologists maintain that we are rationally required to believe what our evidence supports. Generally speaking, any factor that makes it more probable that a given state of affairs obtains (or does not obtain) is evidence (for that state of affairs). In line with this view, many metaethicists believe that we are rationally required to believe what’s morally right and wrong based on what our moral evidence (e.g. our moral intuitions, along with descriptive information about the world) (...) supports. However, sometimes we get information about our evidence, such as a theory that explains that all moral intuitions are ultimately caused by evolutionary forces. Such genealogical claims like this take form as a puzzle about how to rationally respond to higher-order evidence in moral epistemology. How should we change our moral views in response to genealogical claims about the evolutionary origin of our moral beliefs or about widespread moral disagreement? This introductory chapter first explains the issue about how to change our moral views based on an easily accessible example. Then it shows how recent debates about the puzzle of higher-order evidence bears on recent debates in moral epistemology, notably the debates about evolutionary debunking arguments in metaethics, the epistemic significance of moral peer disagreement, moral testimony, and collective moral knowledge before it introduces the chapters of this book. (shrink)

It is one thing to hold that merely statistical evidence is _sometimes_ insufficient for rational belief, as in typical lottery and profiling cases. It is another thing to hold that merely statistical evidence is _always_ insufficient for rational belief. Indeed, there are cases where statistical evidence plainly does justify belief. This project develops a dispositional account of the normativity of statistical evidence, where the dispositions that ground justifying statistical evidence are connected to the goals (= (...) proper function) of objects. There are strong intuitive motivations for doing this. For we can turn almost any case of _non-justifying_ merely statistical evidence into a case of _justifying_ merely statistical evidence by adding information about the dispositions and goals of the objects involved. The resulting view not only helps us understand when and why merely statistical evidence is normatively significant, but it also helps us understand how statistical evidence relates to more standard forms of evidence (perceptual, testimonial). The emerging view also has surprising applications, as it imposes limitations on the epistemic value of fine-tuning arguments for theism as well as undermines a standard class of case-based arguments for moral encroachment. (shrink)

Higher-order evidence is, roughly, evidence of evidence. The idea is that evidence comes in levels. At the first, or lowest, evidential level is evidence of the familiar type—evidence concerning some proposition that is not itself about evidence. At a higher evidential level the evidence concerns some proposition about the evidence at a lower level. Only in relatively recent years has this less familiar type of evidence been explicitly identified as a (...) subject of epistemological focus, and the work on it remains relegated to a small circle of authors and a short stack of published articles—far disproportionate to the attention it deserves. It deserves to occupy center stage for several reasons. First, higher-order evidence frequently arises in a strikingly diverse range of epistemic contexts, including testimony, disagreement, empirical observation, introspection, and memory, among others. Second, in many of the contexts in which it arises, such evidence plays a crucial epistemic role. Third, the precise role it plays is complex, gives rise to a number of interesting epistemological puzzles, and for these reasons remains controversial and is not yet fully understood. As such, higher-order evidence merits systematic investigation. This thesis undertakes such an investigation. It aims to produce a thorough account of higher-order evidence—what it is, how it works, and its epistemic consequences. Chapter 1 serves as a general introduction to the topic and an overview of the existing literature, but primarily aims to further elucidate the concept of higher-order evidence and build a theoretical framework for later chapters. Chapter 2 develops an account of what I call “higher-order support”: the bearing higher-order evidence has, not on corresponding “lower-order evidence” (roughly, the evidence the higher-order evidence is about), but on corresponding “object-level propositions” (roughly, the propositions the higher-order evidence alleges the lower-order evidence to be about). Chapter 3 develops an account of “levels interaction”: the effect on overall support when the different evidential levels combine. Chapter 4 identifies important consequences of the theoretical results of the previous two chapters and applies the theory to four select cases of current epistemological controversy—testimony, memory, the closure of inquiry, and disagreement. (shrink)

It is commonly argued that values “fill the logical gap” of underdetermination of theory by evidence, namely, values affect our choice between two or more theories that fit the same evidence. The underdetermination model, however, does not exhaust the roles values play in evidential reasoning. I introduce WAVE – a novel account of the logical relations between values and evidence. WAVE states that values influence evidential reasoning by adjusting evidential weights. I argue that the weight-adjusting role of (...) values is distinct from their underdetermination gap-filling role. Values adjust weights in three ways. First, values affect our trust in the testimony of others. Second, values influence the evidential thresholds required for justified epistemic judgments. Third, values influence the relative weight of a certain type of evidence within a body of multimodal discordant evidence. WAVE explains, from an epistemic perspective, rather than psychological, how smokers, for example, can find the same evidence about the dangers of smoking less persuasive than non-smokers. WAVE allows for a wider effect of values on our accepted scientific theories and beliefs than the effect for which the underdetermination model allows alone; therefore, science studies scholars must consider WAVE in their research and analysis of evidential case studies. (shrink)

Rules 405(a) and 608(a) of the Federal Rules of Evidence allow the use of testimony about a witness’s reputation to support or undermine his or her credibility in trial. This paper analyzes the evidential weight of such testimony from the point of view of social epistemology and the theory of social networks. Together they provide the necessary elements to analyze how reputation is understood in this case, and to assess the epistemic foundation of a reputational attribution. The result of (...) the analysis will be that reputational testimony is extremely weak from an epistemological point of view, and that in many cases there are more reliable substitutes that achieve a similar purpose. The obvious fix, in my view, is to eliminate the use of reputation testimony to support or undermine the credibility, honesty, chastity or peacefulness of a witness. (shrink)

We report a series of experiments examining whether people ascribe knowledge for true beliefs based on probabilistic evidence. Participants were less likely to ascribe knowledge for beliefs based on probabilistic evidence than for beliefs based on perceptual evidence or testimony providing causal information. Denial of knowledge for beliefs based on probabilistic evidence did not arise because participants viewed such beliefs as unjustified, nor because such beliefs leave open the possibility of error. These findings rule out traditional (...) philosophical accounts for why probabilistic evidence does not produce knowledge. The experiments instead suggest that people deny knowledge because they distrust drawing conclusions about an individual based on reasoning about the population to which it belongs, a tendency previously identified by “judgment and decision making” researchers. Consistent with this, participants were more willing to ascribe knowledge for beliefs based on probabilistic evidence that is specific to a particular case. 2016 APA, all rights reserved). (shrink)

In some cases, there appears to be an asymmetry in the evidential value of statistical and more individualized evidence. For example, while I may accept that Alex is guilty based on eyewitness testimony that is 80% likely to be accurate, it does not seem permissible to do so based on the fact that 80% of a group that Alex is a member of are guilty. In this paper I suggest that rather than reflecting a deep defect in statistical (...) class='Hi'>evidence, this asymmetry might arise from a general constraint on rational inquiry. Plausibly the degree of evidential support needed to justify taking a proposition to be true depends on the stakes of error. While relying on statistical evidence plausibly raises the stakes by introducing new kinds of risk to members of the reference class, paradigmatically `individualized' evidence---evidence tracing back to A's voluntary behavior---can lower the stakes. The net result explains the apparent evidential asymmetry without positing a deep difference in the brute justificatory power of different types of evidence. (shrink)

This commentary responds to the article “What Is the Aim of Pediatric ‘Gender‐Affirming’ Care?,” by Moti Gorin, in the same issue of the journal. Gender‐affirming care is often treated as exceptional and subject to heightened scrutiny. This exceptionalization results in its being held to stricter evidentiary standards than other forms of medical interventions are. But values and value judgments are inextricable from the practice of evidence‐based medicine. For gender‐affirming care, values shape what counts as “strong” evidence, whether the (...) legitimacy of transgender identity is assumed versus treated as something to be investigated, how to characterize the testimonial accounts of trans and gender‐nonconforming patients, and more. We argue that these kinds of questions are part of the practice of medicine, not exceptional to transgender people and gender‐affirming care. However, litigation of evidence for gender‐affirming care in state and national policy underscores the moral urgency of thinking carefully about what values ought to guide evidence. (shrink)

At the heart of Jennifer Lackey's recent book is highly original work in identifying a form of testimonial injustice that is quite distinct from those hitherto identified. Since the publication of Miranda Fricker’s Epistemic Injustice there has been an enormous flurry of work done on injustices where people are wronged as givers of knowledge (testimonial injustice) or where people are wronged in their capacity as a subject of social understanding (hermeneutical injustice). Fricker’s focus in that book was on (...) cases where people are not believed or where deflated credibility is given to their word as a result of prejudice in the hearer . However, Lackey points out that there are many instances where people are wronged not by being granted too little credibility but by being given too much credibility. False confessions, guilty pleas, and eyewitness testimony are sometimes taken as sufficient to imprison people or even execute them, despite the fact that the testimony in question has been extracted through manipulation, deception, and coercion and despite the fact that other evidence is lacking or conflicts with the false confessions, guilty pleas, or eyewitness testimony. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications (...) and character evidence. (shrink)

Non-reductionism is the main framework in the epistemology of testimony. It states that absence of negative evidence is sufficient to justify testimonial acceptance. Lackey (2006; 2008) has put forward the strongest objection to non-reductionism. A case where in the total absence of negative evidence, one is still unjustified in accepting the speaker’s testimony. The goal of this research is to assess if, and how, non-reductionism can reply to the case. I will argue that most non-reductionist accounts appeal (...) to background information to enable prima facie entitlement. I will argue that this is a structural flaw of a posteriori non-reductionist accounts, falling under Faulkner (1998)’s description of reductionism. Given the appeal to background information, such accounts are unable to successfully reply to the alien case. I will argue that the only account that is able to avoid both the charges of reductionism and to successfully reply to Lackey’s case, is Tyler Burge (1993)’s a priori account. I will argue, additionally, that a priori non-reductionism, exemplified by Burge, is the only kind of non-reductionism available to proponents of non-reductionism. An a priori shift in non-reductionist accounts of testimony must take place. (shrink)

This article draws upon the epistemology of testimony to analyse recent English case law on expert evidence. It argues that the courts are implicitly committed to an internalist epistemology and an inferentialist view of testimony, and draws a distinction between testimony which is treated as authoritative (where the fact-finder accepts the inferences drawn by the expert without attempting to assess their validity) and that which is treated as merely persuasive.

Chronic fatigue syndrome or myalgic encephalomyelitis remains a controversial illness category. This paper surveys the state of knowledge and attitudes about this illness and proposes that epistemic concerns about the testimonial credibility of patients can be articulated using Miranda Fricker’s concept of epistemic injustice. While there is consensus within mainstream medical guidelines that there is no known cause of CFS/ME, there is continued debate about how best to conceive of CFS/ME, including disagreement about how to interpret clinical studies of (...) treatments. Against this background, robust qualitative and quantitative research from a range of countries has found that many doctors display uncertainty about whether CFS/ME is real, which may result in delays in diagnosis and treatment for patients. Strikingly, qualitative research evinces that patients with CFS/ME often experience suspicion by health professionals, and many patients vocally oppose the effectiveness, and the conceptualization, of their illness as psychologically treatable. We address the intersection of these issues and healthcare ethics, and claim that this state of affairs can be explained as a case of epistemic injustice. We find evidence that healthcare consultations are fora where patients with CFS/ME may be particularly vulnerable to epistemic injustice. We argue that the marginalization of many patients is a professional failure that may lead to further ethical and practical consequences both for progressive research into CFS/ME, and for ethical care and delivery of current treatments among individuals suffering from this debilitating illness. (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)

"The Personal is Political": This was an often-heard slogan of feminist groups in the late sixties and early seventies. The slogan is no doubt open to many interpretations. There is one interpretation which touches on the epistemology of social facts, viz. the slogan claims that in assessing the features of a political system, personal experiences have privileged evidentiary value. For instancte, in the face of third person reports about political corruption, I may remain unmoved in my belief that the political (...) powers are morally upstanding, and it is only when I myself am adversely affected, that I come to change my views. There are two standard patterns of explanation of this type of belief formation: (i) We know that third-person reports may be lessreliable than first-person experiences; (ii) If the third-person reports are no less reliable than first-person experiences, we may just be dealing with a standard pattern of epistemic irrationality. However, we argue that there is also a much more surprising pattern of explanation: under certain conditions, a Bayesian argument can be proffered to the effect that it is rational to change one's beliefs in the face of personal experiences and not in the face of third-person reports, even if these experiences and reports are equally reliable. Hence, the feminist slogan (at least on one particular interpretation of it) receives unexpected support from Bayesian comers. We also show that this pattern of explanation has surprising repercussions on the question of the evidentiary value of miracles in philosophy of religion. (shrink)

An internalist slogan says that justification depends on internal factors. But which factors are those? This paper examines some common motivations favoring internalism over externalism, and says they are compatible with including dispositional and even past mental states in the internal.

Most traditional epistemologists see trust and knowledge as deeply antithetical: we cannot know by trusting in the opinions of others; knowledge must be based on evidence, not mere trust. I argue that this is badly mistaken. Modern knowers cannot be independent and self-reliant. In most disciplines, those who do not trust cannot know. Trust is thus often more epistemically basic than empirical evidence or logical argument, for the evidence and the argument are available only through trust. Finally, (...) since the reliability of testimonial evidence depends on the trustworthiness of the testifier, this implies that knowledge often rests on a foundation of ethics. The rationality of many of our beliefs depends not only on our own character, but on the character of others. (shrink)

It is suggested that the impetus to generate models is probably the most fundamental point of connection between mysticism and psychology. In their concern with the relation between ‘unseen’ realms and the ‘seen’, mystical maps parallel cognitive models of the relation between ‘unconscious’ and ‘conscious’ processes. The map or model constitutes an explanation employing terms current within the respective canon. The case of language mysticism is examined to illustrate the premise that cognitive models may benefit from an understanding of the (...) kinds of experiences gained, and explanatory concepts advanced, within mystical traditions. Language mysticism is of particular interest on account of the central role thought to be played by language in relation to self and the individual's construction of reality. The discussion focuses on traditions of language mysticism within Judaism, in which emphasis is placed on the deconstruction of language into primary elements and the overarching significance of the divine Name. Analysis of the detailed techniques used suggests ways in which multiple associations to any given word/concept were consciously explored in an altered state. It appears that these mystics were consciously engaging with what are normally preconscious cognitive processes, whereby schematic associations to sensory images or thoughts are activated. The testimony from their writings implies that these mystics experienced distortions of the sense of self , which may suggest that, in the normal state, ‘I’ is constructed in relation to the preconscious system of associations. Moreover, an important feature of Hebrew language mysticism is its emphasis on embodiment -- specific associations were deemed to exist between the letters and each structure of the body. Implications, first, for the relationship between language and self, and, second, for the role of embodiment in relation to self are discussed. The importance of the continual emphasis on the Name of God throughout the linguistic practices may have provided a means for effectively replacing the cognitive indexing function hypothesized here to be normally played by ‘I’ with a more transpersonal cognitive index, especially in relation to memory. (shrink)

Levy (2021 Levy, N. (2021). Bad beliefs: Why they happen to good people. Oxford University Press.[Crossref], [Google Scholar]) argues that bad beliefs predominately stem from automatic (albeit rational) updating in response to testimonial evidence. To counteract such beliefs, then, we should focus on ridding our epistemic environments of misleading testimony. This paper responds as follows. First, I argue that the suite of automatic processes related to bad beliefs extends well beyond the deference-based processes that Levy identifies. Second, I (...) push back against Levy’s claim that bad beliefs stem from wholly rational processes, suggesting that, in many cases, such processes are better characterized as arational. Finally, I note that Levy is too quick to dismiss the role that individuals can play in cleaning up their own epistemic environments, and I suggest one route through which this is possible. (shrink)

Modern health care relies extensively on the use of technologies for assessing and treating patients, so it is important to be certain that health care technologies perform their professed functions in an effective and safe manner. Philosophers of technology have developed methods to assign and evaluate the functions of technological products, the major elements of which are described in the ICE theory. This paper questions whether the standard of evidence advocated by the ICE theory is adequate for ascribing and (...) assessing technologies employed in health care. The paper proposes that the general problem with the standard of evidence embodied in the ICE theory is too permissive for assessing medical technologies, in that it does not take into account the relative benefit and harm of medical technologies in ensuring safe functional performance in patients. The paper illustrates how evidence-based medicine has demonstrated the value of clinical research methods, including observational studies, randomized and non-randomized clinical trials, and formal techniques, such as meta-analysis, to measure therapeutic effectiveness. I argue, therefore, that evidence from clinical research studies should take precedence over the testimonial evidence and other types of non-clinical evidence, in providing justification for health technologies. (shrink)

This paper develops an original approach for theorising about himpathy by examining the courtrooms’ environment. Kate Manne (2018) defines himpathy as the excessive sympathy sometimes shown towards male perpetrators of sexual violence. While Manne discusses himpathy in connection with the moral and political problem of exonerating narratives and through the lens of testimonial injustice, we want to explore cases in which the testimony of the rape survivor is believed, but nevertheless misinterpreted due to conceptual resources that obscure women’s experience (...) of sexual violence. We argue that the concept of himpathy can be expanded and himpathy can be seen as an instance of hermeneutical injustice in which epistemic and emotional dysfunctions are deeply intertwined and sustained by forms of meta blindness (Medina, 2013) that present the male standpoint as neutral. We then put this insight into practice to analyse how himpathy influences the constitution of testimonial evidence in Italian criminal trials for sexual violence. The aim is to shed proper light on the role of himpathy in presenting biased epistemological stances as impartial in judicial reasoning. (shrink)

Testimony by disabled people concerning the relationship between their experiences and overall well-being has long been an object of social scientific and humanistic study. Often discussed in terms of “the disability paradox,” these studies contrast the intuitive horribleness of certain impaired states against the testimonial evidence suggesting that people in such states do not in fact experience their lives as horrible. Explanations for why such testimonial evidence is suspect range from claims about adaptive preferences to issues (...) of qualitative research methodology. In this paper, I argue that the problem lies not with the evidence, but the intuitions in question. Using the disability paradox as a case study, I further argue against the use of the concept of intuitive horribleness in social epistemology and beyond. I contend that testimonial and hermeneutical injustices are baked into most deployments of the concept, and even if one were to justify its use in select cases, it should be accompanied with prima facie suspicion. In conclusion, I discuss the implications of this analysis for the literature on transformative experience and also for the stakes of multi-cultural, historically informed philosophical inquiry more generally. (shrink)

Statistical evidence—say, that 95% of your co-workers badmouth each other—can never render resenting your colleague appropriate, in the way that other evidence (say, the testimony of a reliable friend) can. The problem of statistical resentment is to explain why. We put the problem of statistical resentment in several wider contexts: The context of the problem of statistical evidence in legal theory; the epistemological context—with problems like the lottery paradox for knowledge, epistemic impurism and doxastic wrongdoing; and the (...) context of a wider set of examples of responses and attitudes that seem not to be appropriately groundable in statistical evidence. Regrettably, we do not come up with a fully general, fully adequate, fully unified account of all the phenomena discussed. But we give reasons to believe that no such account is forthcoming, and we sketch a somewhat messier account that may be the best that can be had here. (shrink)

This paper is about a problem that can arise when we try to harness the “wisdom of the crowd” from groups comprised of individuals who exhibit a certain kind of epistemic humility in the way they respond to testimonial evidence. I begin by setting out the problem and then make some initial steps toward solving it. The solution I develop is tentative and may not apply in all circumstances, but it promises to alleviate what seems to me to (...) be a problem of both theoretical interest and practical importance. (shrink)

Bioethicists sometimes defend compromise positions, particularly when they enter debates on applied topics that have traditionally been highly polarised, such as those regarding abortion, euthanasia and embryonic stem cell research. However, defending compromise positions is often regarded with a degree of disdain. Many are intuitively attracted to the view that it is almost always problematic to defend compromise positions, in the sense that we have a significant moral reason not to do so. In this paper, we consider whether this common (...) sense view can be given a principled basis. We first show how existing explanations for the problematic nature of compromise fall short of vindicating the common sense view, before offering our own explanation, which, we claim, comes closer to vindicating that view. We argue that defending a compromise will typically have two epistemic costs: it will corrupt attempts to use the claims of ethicists as testimonial evidence, and it will undermine standards that are important to making epistemic progress in ethics. We end by suggesting that the epistemic costs of compromise could be reduced by introducing a stronger separation between ethical debate aimed at fulfilling the epistemic role of ethics, and ethical debate that aims to directly produce good policy or practice. (shrink)