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)

Many theorists hold that outright verdicts based on bare statistical evidence are unwarranted. Bare statistical evidence may support high credence, on these views, but does not support outright belief or legal verdicts of culpability. The vignettes that constitute the lottery paradox and the proof paradox are marshalled to support this claim. Some theorists argue, furthermore, that examples of profiling also indicate that bare statistical evidence is insufficient for warranting outright verdicts.I examine Pritchard's and Buchak's treatments of these three kinds of (...) case. Pritchard argues that his safety condition explains the insufficiency of bare statistical evidence for outright verdicts in each of the three cases, while Buchak argues that her treatment of the distinction between credence and belief explains this. In these discussions the three kinds of cases – lottery, proof paradox, and profiling – are treated alike. The cases are taken to exhibit the same epistemic features. I identity significant overlooked epistemic differences amongst these three cases; these differences cast doubt on Pritchard's explanation of the insufficiency of bare statistical evidence for outright verdicts. Finally, I raise the question of whether we should aim for a unified explanation of the three paradoxes. (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)

In the early 1960s, American philosopher of science Thomas Kuhn contributed to a “crisis of rationality” with his hypothesis that science develops by means of paradigm shifts. He challenged the positivist concept of cumulative and continuous scientific progress. According to Kuhn, the relation between two succeeding scientific traditions ‘separated by a scientific revolution’ is characterized by conceptual incommensurability that constrains the interpretation of science as a cumulative, steadily progressing enterprise. Thomas Kuhn’s philosophy was heavily criticized by German-American biologist Ernst Mayr (...) as unapplicable to the history of biology. Mayr, one of the most outstanding evolutionary biologists of the 20th century and a “co-architect” of the so-called Modern Synthesis (contemporary Darwinism), published extensively on the history and philosophy of biology as he thought that theoretical biology cannot progress without proper philosophy of science. Being convinced of the progressive development of Darwinism, Mayr pointed out that Kuhn’s concept of scientific revolutions does not reflect conceptual changes in evolutionary biology. Here we summarize Mayr’s critiques of Kuhn and, based on our own research, take Mayr’s side in the controversy between two great thinkers. (shrink)

In an earlier defense of the view that the fundamental logical properties of logical truth and logical consequence obtain or fail to obtain only relative to contexts, I focused on a variation of Kaplan’s own modal logic of indexicals. In this paper, I state a semantics and sketch a system of proof for a first-order logic of demonstratives, and sketch proofs of soundness and completeness. (I omit details for readability.) That these results obtain for the first-order logic of demonstratives shows (...) that the significance of demonstratives for logic exceeds their behavior as rigid designators in counterfactual reasoning, or reasoning about alternative possibilities. Furthermore, the results in this paper help address one common objection to the view that logical truth and consequence obtain only relative to contexts. According to this objection, the view entails that logical consequence is not formal. (shrink)

The teleological approach to an epistemic concept investigates it by asking questions such as ‘what is the purpose of the concept?’, ‘What role has it played in the past?’, or ‘If we imagine a society without the concept, why would they feel the need to invent it?’ The idea behind the teleological approach is that examining the function of the concept illuminates the contours of the concept itself. This approach is a relatively new development in epistemology, and as yet there (...) are few works examining it. This paper aims to fill this gap and engender further understanding of the teleological method. I first contrast the teleological method with more orthodox approaches in epistemology. I then draw a three-way taxonomy of different kinds of teleological approach and provide an example of each kind. The teleological approach is often presented as antithetical to the more orthodox approaches in epistemology, and so in competition with them. I demur. I argue that the methods can be fruitfully combined in epistemological theorising; in the final section I suggest specific ways the teleological approach can be incorporated alongside more orthodox methods in a general methodological reflective equilibrium. (shrink)

Some expressions of English, like the demonstratives ‘this’ and ‘that’, are referentially promiscuous: distinct free occurrences of them in the same sentence can differ in content relative to the same context. One lesson of referentially promiscuous expressions is that basic logical properties like validity and logical truth obtain or fail to obtain only relative to a context. This approach to logic can be developed in just as rigorous a manner as David Kaplan’s classic logic of demonstratives. The result is a (...) logic that applies to arguments in English containing multiple occurrences of referentially promiscuous expressions. (shrink)

An annotated bibliography of legal epistemology.

An account of the nature of knowledge must explain the value of knowledge. I argue that modal conditions, such as safety and sensitivity, do not confer value on a belief and so any account of knowledge that posits a modal condition as a fundamental constituent cannot vindicate widely held claims about the value of knowledge. I explain the implications of this for epistemology: We must either eschew modal conditions as a fundamental constituent of knowledge, or retain the modal conditions but (...) concede that knowledge is not more valuable than that which falls short of knowledge. This second horn—concluding that knowledge has no distinctive value—is unappealing since it renders puzzling why so much epistemological theorising focuses on knowledge, and why knowledge seems so important. (shrink)

In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of (...) being violently victimised and falsely convicted. He argues that since the former risk is higher, and the aggregate harms are worse, the standard of proof should be substantially lowered. He presents a formula for calculating the preferred standard. In this article I outline various ways Laudan's uses of crime statistics are flawed, and explain how he substantially overestimates risks of victimhood and underestimates costs of false convictions. I also explain why his formula is mistaken, and illuminate consequences Laudan neglects. I conclude that, even if consequences determine the appropriate standard of proof, Laudan's arguments fail to show the standard is too high. I conclude by suggesting that the inadequacies of Laudan's reasoning might be good news for consequence-based justifications of the standard of proof. (shrink)

Conciliatory views of peer disagreement hold that when an agent encounters peer disagreement she should conciliate by adjusting her doxastic attitude towards that of her peer. In this paper I distinguish different ways conciliation can be understood and argue that the way conciliationism is typically understood violates the principle of commutativity of evidence. Commutativity of evidence holds that the order in which evidence is acquired should not influence what it is reasonable to believe based on that evidence. I argue that (...) when an agent encounters more than one peer, and applies the process of conciliation serially, the order she encounters the peers influences the resulting credence. I argue this is a problem for conciliatory views of disagreement, and suggest some responses available to advocates of conciliation. (shrink)

Moral encroachment holds that the epistemic justification of a belief can be affected by moral factors. If the belief might wrong a person or group more evidence is required to justify the belief. Moral encroachment thereby opposes evidentialism, and kindred views, which holds that epistemic justification is determined solely by factors pertaining to evidence and truth. In this essay I explain how beliefs such as ‘that woman is probably an administrative assistant’—based on the evidence that most women employees at the (...) firm are administrative assistants—motivate moral encroachment. I then describe weaknesses of moral encroachment. Finally I explain how we can countenance the moral properties of such beliefs without endorsing moral encroachment, and I argue that the moral status of such beliefs cannot be evaluated independently from the understanding in which they are embedded. (shrink)

This chapter argues that the choice of trust conceptualisations in the context of consumer Internet of Things (IoT) can have a significant impact on the understanding and implementations of a user’s private data protection. Narrow instrumental interpretations of trust as a mere precondition for technology acceptance may obscure important moral issues such as malleability of user’s privacy decisions, and power imbalances between suppliers and consumers of technology. A shift of focus in policy proposals from trust to the trustworthiness of technology (...) can be the first step on the way to addressing these moral concerns. It is argued that complexity of IoT systems, comprised of technological artefacts and institutional data-collecting entities, warrants the moral value of distrust as a prima facie assumption for technological design and regulatory measures. Such a conceptual perspective highlights importance of technological measures that can minimise reliance on trust in consumer IoTs and regulatory measures aimed to improve transparency of IoT architectures. (shrink)

ABSTRACTThis article discusses some common narratives found in discourses on national identity in Russia and Japan, and their temporal transformations reflecting the needs of a nation as it becomes a colonial empire. National identity discourse is examined from the viewpoint of national antagonism arising from an external threat. Russian and Japanese intellectuals, with their vastly different historical and cultural heritage, have dwelled upon similar issues pertaining to modernization of the state and adoption or rejection of foreign ideas and ways of (...) life. There are several themes in Russian and Japanese discourses on national identity that share a significant overlap, particularly themes of national uniqueness and a ‘special path’, deterministic worldviews, imperial cosmopolitanism/messianism and criticism of ‘Western’ philosophical systems and concepts. This article elucidates the shared aspects of these narratives and philosophical inquiries in Russia and Japan and puts them into a historical context. (shrink)

We investigate the parallelism between aesthetic experience and the practice of phenomenology using Viktor Shklovsky’s theory of “estrangement”. In his letter to Hugo von Hofmannsthal, Husserl claims that aesthetic and phenomenological experiences are similar; in the perception of a work of art we change our attitude in order to concentrate on how the things appear to us instead of what they are. A work of art “forces us into” the aesthetic attitude in the same way as the phenomenological epoché drives (...) us into the phenomenological one. The change of attitudes is a condition of possibility of aesthetic and/or phenomenological experience. Estrangement is an artistic device that breaks the routinized forms of perception: one sees the thing as new and does not just “recognize” it automatically. Shklovsky insists that it is possible if one experiences or feels the form of the work of art—in an affective and even sensuous way. We claim that this is similar to the phenomenological seeing, or intuition, which, according to Husserl, should be devoid of all understanding. Phenomenological epoché can also be described as a philosophical technique that aims to arrest the “ready-made,” “taken for granted,” “pre-given” meanings in order to access a new meaning which is not yet stabilized, the “meaning-in-formation.” It is not enough to turn from what appears to how it appears; one has to oscillate between these conflicting attitudes, or rather to keep them both at the same time thus gaining a kind of a 3D-vision of meaning in its becoming. This double life in two different attitudes can be clarified in terms of Roman Jakobson’s theory of antinomic coexistence between the poetic and communicative functions of language. The notion of “double life in two attitudes” uncovers the role that ostranenie can play in the philosophical transformation of the subject based on variety and essential mobility of the affective components involved. Proposing a phenomenological interpretation of a passage from Samuel Beckett we show how the radicalization of ostranenie can lead even to “meta-estrangement”: to estrangement of the everyday “lack of estrangement.” We conclude with a remark on the productivity of this form of estrangement in the phenomenological context. (shrink)

The topic of the essay is the “explanatory gap” between, on one side, descriptions of conscious states from 1st person perspective, termed as phenomenal consciousness; and on the other side, the descriptions of conscious states in representational theories of mind, from 3rd person perspective, termed as access consciousness. The main source of the explanatory gap between P-consciousness and A-consciousness is the methodology of functionalism, accepted in almost contemporary representational theories. I argue for the following: The principles of materialist ontology, accepted (...) in representational theories of mind, are true. But materialism is not necessary linked with functionalist research methods. The only reasonable consequence from the existence of the “explanatory gap” is that functionalism should be replaced with more adequate methodological approaches. One such non-functionalist approach, termed as “aesthesionomic approach”, is proposed. The central idea is that phenomenal conscious states should be first described in objective terms . Only on base of such a preliminary objective description of phenomenal conscious states, the description of representational mechanisms will not give rise to an “explanatory gap”. (shrink)

Radio Free Europe used balloons to drop leaflets in an attempt to supplement radio with printed words in the 1950s—a historical moment when closing borders, censoring the press, jamming foreign radios, tapping telephone lines, and tracking letters from abroad created an almost hermetically sealed space without many means for exchanging information across the Iron Curtain. This article traces how distorted and limited information shaped Cold War propaganda and practices of information-gathering. The article further examines unpredictable environmental factors that were transformed (...) into persuasive political rhetoric. A comparative analysis of communist media shows similarities of imagination in a visual propaganda campaign across five communist countries. Fantasies evolved into an object of public interest when propaganda strategies embraced a language of facts. (shrink)

This essay presents a unified account of safety, sensitivity, and severe testing. S’s belief is safe iff, roughly, S could not easily have falsely believed p, and S’s belief is sensitive iff were p false S would not believe p. These two conditions are typically viewed as rivals but, we argue, they instead play symbiotic roles. Safety and sensitivity are both valuable epistemic conditions, and the relevant alternatives framework provides the scaffolding for their mutually supportive roles. The relevant alternatives condition (...) holds that a belief is warranted only if the evidence rules out relevant error possibilities. The safety condition helps categorise relevant from irrelevant possibilities. The sensitivity condition captures ‘ruling out’. Safety, sensitivity, and the relevant alternatives condition are typically presented as conditions on warranted belief or knowledge. But these properties, once generalised, help characterise other epistemic phenomena, including warranted inference, legal verdicts, scientific claims, reaching conclusions, addressing questions, warranted assertion, and the epistemic force of corroborating evidence. We introduce and explain Mayo’s severe testing account of statistical inference. A hypothesis is severely tested to the extent it passes tests that probably would have found errors, were they present. We argue Mayo’s account is fruitfully understood using the resulting relevant alternatives framework. Recasting Mayo’s condition using the conceptual framework of contemporary epistemology helps forge fruitful connections between two research areas—philosophy of statistics and the analysis of knowledge—not currently in sufficient dialogue. The resulting union benefits both research areas. (shrink)

The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...) are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations. (shrink)

Thought experiments as counterexamples are a familiar tool in philosophy. Frequently understanding a vignette seems to generate a challenge to a target theory. In this paper I explore the content of the judgement that we have in response to these vignettes. I first introduce several competing proposals for the content of our judgement, and explain why they are inadequate. I then advance an alternative view. I argue that when we hear vignettes we consider the normal instances of the vignette. If (...) the normal instance of the vignette exhibits a counter-instance, the vignette constitutes a challenge to the target theory. I argue that this proposal shows how responses to vignettes are an ordinary, everyday judgement, and I explain how the proposal avoids the problems generated by competing theories. Finally, I argue this ‘normalcy proposal’ most naturally accords with our understanding of the method. (shrink)

Theoria, Volume 87, Issue 1, Page 136-151, February 2021.

It has been argued that an adequate feminist response to sexist pornography demands not just efforts to eradicate sexist beliefs, but also aesthetic counter-intervention at the level of taste. This view motivates support for feminist pornography. This paper takes the feminist pornography suggestion seriously by unpacking difficulties for the project. I begin by spelling out two views about what makes feminist pornography feminist: the ‘content view,’ and the ‘context view,’ and discuss what I take to be existing arguments for the (...) latter. I then present two objections to the context view: the first focuses on how we characteristically interact with pornography (as a masturbatory aid), the second challenges the value of authenticity upon which much feminist pornography rests. If these arguments are correct, then there are serious flaws with feminist pornography as it is commonly conceived. I close with a brief suggestion of an alternative approach rooted in feminist solidarity. (shrink)

The aim of this paper is to determine whether and to what extent Woodward’s interventionist theory of causation is variable relative. In an influential review, Strevens has accused Woodward’s account of a damaging form of variable relativity, according to which obviously false causal claims can be made true by choosing a depleted variable set. Following McCain, I show that Strevens’ objection doesn’t succeed. However, Woodward also wants to avoid another kind of variable relativity, according to which it can be true (...) that X is a cause of Y in one set of background conditions, but false in another. I show that Woodward’s account is problematically overpermissive, unless there are restrictions on the values that certain variables can take. I formulate a modified account that makes these restrictions explicit, then use it to argue that Woodward’s attempt to avoid relativity to background conditions is misguided. On the best interpretation of the interventionist theory, causal claims are assessed relative to a particular kind of variable set. Thus, I conclude that the theory should be understood as variable relative, in a specific, unproblematic sense. (shrink)

Building on recent work by Delia Graff Fara and Ora Matushansky on appellative constructions like ‘Mirka called Roger handsome’, I argue that if Millianism about proper names is true, then the quantifier ‘something’ in ‘Mirka called Roger something’ is best understood as a kind of substitutional quantifier. Any adequate semantics for such quantifiers must explain both the logical behavior of ‘Mirka called Roger something’ and the acceptability of ‘so’-anaphora in ‘Mirka called Roger something, and everyone so called is handsome’. Millianism (...) about proper names is inconsistent with such quantifiers being standard non-substitutional second-order quantifiers. But this is not the only option for Millianism: I provide two different propositional semantics for substitutional quantification, each of which is adequate in the sense above, given Millianism. One of these is based on Tobias Rosefeldt’s work on non-nominal quantification, and I identify in what way Rosefeldt’s semantics is substitutional. (shrink)

My essay ‘Attunement: On the Cognitive Virtues of Attention’ is the lead essay in a symposium. Adam Carter and Sandy Goldberg each respond to the ‘Attunement’ essay. This is my rejoinder. -/- (i.) Carter argues that resources from virtue reliabilism can explain the source of attention normativity. He modifies this virtue reliabilist AAA-framework to apply to attentional normativity. I raise concerns about Carter’s project. I suggest that true belief and proper attentional habits are not relevantly similar. -/- (ii.) Goldberg claims (...) that social roles underwrite kinds of attentional normativity that are not well-captured by virtue theory. I critically assess this claim. (shrink)

I motivate three claims: Firstly, attentional traits can be cognitive virtues and vices. Secondly, groups and collectives can possess attentional virtues and vices. Thirdly, attention has epistemic, moral, social, and political importance. An epistemology of attention is needed to better understand our social-epistemic landscape, including media, social media, search engines, political polarisation, and the aims of protest. I apply attentional normativity to undermine recent arguments for moral encroachment and to illuminate a distinctive epistemic value of occupying particular social positions. A (...) recurring theme is that disproportionate attention can distort, mislead, and misrepresent even when all the relevant claims are true and well supported by evidence. In the informational cacophony of the internet age, epistemology must foreground the cognitive virtues of attunement. (shrink)

This paper looks at the development of blockchain technologies that promise to bring new tools for the management of private data, providing enhanced security and privacy to individuals. Particular interest present solutions aimed at reorganizing data flows in the Internet of Things architectures, enabling the secure and decentralized exchange of data between network participants. However, as this paper argues, the promised benefits are counterbalanced by a significant shift towards the propertization of private data, underlying these proposals. Considering the unique capacity (...) of blockchain technology applications to imitate and even replace traditional institutions, this aspect may present certain challenges, both of technical and ethical character. In order to highlight these challenges and associated concerns, this paper identifies the underlying techno-economic factors and normative assumptions defining the development of these solutions amounting to technologically enabled propertization. It is argued that without careful consideration of a wider impact, such blockchain applications could have effects opposite to the intended ones, thus contributing to the erosion of privacy for IoT users. (shrink)

This paper argues that the practical implementation of blockchain technology can be considered an institution of property similar to legal institutions. Invoking Penner's theory of property and Hegel's system of property rights, and using the example of bitcoin, it is possible to demonstrate that blockchain effectively implements all necessary and sufficient criteria for property without reliance on legal means. Blockchains eliminate the need for a third-party authority to enforce exclusion rights, and provide a system of universal access to knowledge and (...) discoverability about the property rights of all participants and how the system functions. The implications of these findings are that traditional property relations in society could be replaced by or supplemented with blockchain models, and implemented in new domains. (shrink)

I apply James Woodward’s interventionist theory of causation to organic chemistry, modelling three different ways that chemists are able to manipulate the reaction conditions in order to control the outcome of a reaction. These consist in manipulations to the reaction kinetics, thermodynamics, and whether the kinetics or thermodynamics predominates. It is possible to construct interventionist causal models of all of these kinds of manipulation, and therefore to account for them using Woodward’s theory. However, I show that there is an alternate, (...) more illuminating way of thinking about the third kind of reaction control, according to which chemists are thought of as manipulating which causal system is instantiated. I show that our ability to manipulate which system is instantiated is an important part of our ability to control the world, as is therefore especially relevant to interventionism. Thus, considering examples from organic chemistry leads to the identification of an important extension to Woodward’s theory. Finally, this investigation into reaction control in organic chemistry also has a more general implication: it suggests that interventionism results in a version of pragmatism about causation. (shrink)

This essay is an accessible introduction to the proof paradox in legal epistemology. -/- In 1902 the Supreme Judicial Court of Maine filed an influential legal verdict. The judge claimed that in order to find a defendant culpable, the plaintiff “must adduce evidence other than a majority of chances”. The judge thereby claimed that bare statistical evidence does not suffice for legal proof. -/- In this essay I first motivate the claim that bare statistical evidence does not suffice for legal (...) proof. I then introduce and motivate a knowledge-centred explanation of this fact. The knowledge-centred explanation rests on two premises. The first is that legal proof requires knowledge of culpability. The second is that one cannot attain knowledge that p from bare statistical evidence that p. To motivate the second premise, I suggest that beliefs based on bare statistical evidence fail to be safe—they could easily be wrong—and bare statistical evidence cannot eliminate relevant alternatives. -/- I then cast doubt on the first premise; I argue that legal proof does not require knowledge. I thereby dispute the knowledge-centred explanation of the inadequacy of bare statistical evidence for legal proof. Instead of appealing to the nature of knowledge, I suggest we should seek a more direct explanation by appealing to those more foundational epistemic properties, such as safety or eliminating relevant alternatives. (shrink)

The article analyzes some key motives of both classical German phenomenology and contemporary French phenomenology. The theme of sense-formation, a recurring thread throughout Husserl's entire body of work, serves as a discussion starting point.A special emphasis is put on one of Husserl's posthumously published texts from 1933, in which he distinguishes between the open process of sense-formation [Sinnbildung] and the closed sense-structures [Sinngebilde]. The “phenomenon” to which phenomenological philosophy refers here is not a “pre-given thing” yet, but rather the horizon (...) in which its sense is shaped. This fundamental intuition is crucially important for the project of “nonstandard” phenomenology, which Richir is developing in the context of Francophone philosophy. Drawing equally from Maurice Merleau-Ponty’ phenomenology of language, Richir refers to “the sense that creates itself.” In this way, he is continuing to develop one of the key intuitio... (shrink)

In this paper we investigate several extensions of the first order-language with finitely many binary relations. The most interesting of the studied extensions appears to be the monadic second-order one. We show that the extended languages have the same expressive power as the first-order language over the class of all relational structures of equivalence relations in local agreement by providing appropriate translation of formulae. The decidability of the considered extensions over the above mentioned class of structures is also shown.