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)

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)

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)

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)

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)

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)

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)

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)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how incriminating (...) evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

An annotated bibliography of legal epistemology.

The present review takes into consideration the existing literature on Professor Dr. Miglena Nikolchina's new monograph, “God with a Machine: Extracting the Human”, with a particular focus on the science-fictional aspects of the book, tracking their culmination in the debates about the future and the inquiries that construct the very notion of humanity.

This essay is not about what love is. It is about what self-ascriptions of love do. People typically self-ascribe romantic love when a nexus of feelings, beliefs, attitudes, values, commitments, experiences, and personal histories matches their conception of romantic love. But what shapes this conception? And (how) can we adjudicate amongst conflicting conceptions? -/- Self-ascriptions of love do not merely describe the underlying nexus of attitudes and beliefs. They also change it. This essay describes how conceptions of love affect romantic (...) experience. I limn distinctions between love and obsessive infatuation and explore ways language can cultivate queer romantic preferences. Since conceptions of love are shaped, often implicitly, by terms available in one’s linguistic community, the resulting nexus of concepts and conceptions manifests linguistic luck. I suggest ways we might sculpt the language of love to better understand—and change—ourselves. Love can help us flourish and so can our “love” language. (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)

Desde su publicación en el año 2001, el libro de Juan Aranzadi, El escudo de Arquíloco, ha provocado distintas críticas, especialmente centradas en las consecuencias morales y políticas de la justificación de una ética para fugitivos, la cual sitúa el valor supremo en la defensa de la vida, a cualquier precio. En esta nota se ofrece una aproximación a sus principales tesis acompañadas de las impugnaciones que les han dirigido Patxo Unzueta, Edurne Uriarte, Jon Juaristi y Aurelio Arteta, en la (...) estrategia de lucha contra el terrorismo, el impulso de la participación ciudadana en la sociedad vasca, las actitudes de resistencia ante la dominación y el valor de la ética y la ética de los valores, respectivamente. (shrink)

Understanding enjoys a special kind of value, one not held by lesser epistemic states such as knowledge and true belief. I explain the value of understanding via a seemingly unrelated topic, the implausibility of veritism. Veritism holds that true belief is the sole ultimate epistemic good and all other epistemic goods derive their value from the epistemic value of true belief. Veritism entails that if you have a true belief that p, you have all the epistemic good qua p. Veritism (...) is a plausible and widely held view; I argue that it is untenable. I argue that integration among beliefs possesses epistemic value independent from the good of true belief, and so has value veritism cannot account for. I argue further that this integration among beliefs comprises the distinctive epistemic value of understanding. (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)

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)

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)

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)

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)

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

Robust virtue epistemology holds that knowledge is true belief obtained through cognitive ability. In this essay I explain that robust virtue epistemology faces a dilemma, and the viability of the theory depends on an adequate understanding of the ‘through’ relation. Greco interprets this ‘through’ relation as one of causal explanation; the success is through the agent’s abilities iff the abilities play a sufficiently salient role in a causal explanation of why she possesses a true belief. In this paper I argue (...) that Greco’s account of the ‘through’ relation is inadequate. I describe kinds of counterexample and explain why salience is the wrong kind of property to track epistemically relevant conditions or to capture the nature of knowledge. Advocates of robust virtue epistemology should develop an alternative account of the ‘through’ relation. I also argue that virtue epistemology should employ an environment-relative interpretation of epistemic virtue. (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)

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)

Self-sovereign identity solutions implemented on the basis of blockchain technology are seen as alternatives to existing digital identification systems, or even as a foundation of standards for the new global infrastructures for identity management systems. It is argued that ‘self-sovereignty' in this context can be understood as the concept of individual control over identity relevant private data, capacity to choose where such data is stored, and the ability to provide it to those who need to validate it. It is also (...) argued that while it might be appealing to operationalise the concept of ‘self-sovereignty’ in a narrow technical sense, depreciation of moral semantics obscures key challenges and long-term repercussions. Closer attention to the normative substance of the ‘sovereignty’ concept helps to highlight a range of ethical issues pertaining to the changing nature of human identity in the context of ubiquitous private data collection. (shrink)

Tarot cards are a rich and fascinating art form. They are also an excellent tool for inquiry. I show why tarot has value, regardless of the user’s beliefs about magic. And I explain how novice or skeptical tarot users can appreciate (and create) that value by focusing on the card’s images, rather than consulting texts or expert guides. This is because, on a naturalistic conception, tarot’s zetetic value—that is, its value to inquiry—stems from its artistic properties.

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)

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)

Human creativity generates novel ideas to solve real-world problems. This thereby grants us the power to transform the surrounding world and extend our human attributes beyond what is currently possible. Creative ideas are not just new and unexpected, but are also successful in providing solutions that are useful, efficient and valuable. Thus, creativity optimizes the use of available resources and increases wealth. The origin of human creativity, however, is poorly understood, and semantic measures that could predict the success of generated (...) ideas are currently unknown. Here, we analyze a dataset of design problem-solving conversations in real-world settings by using 49 semantic measures based on WordNet 3.1 and demonstrate that a divergence of semantic similarity, an increased information content, and a decreased polysemy predict the success of generated ideas. The first feedback from clients also enhances information content and leads to a divergence of successful ideas in creative problem solving. These results advance cognitive science by identifying real-world processes in human problem solving that are relevant to the success of produced solutions and provide tools for real-time monitoring of problem solving, student training and skill acquisition. A selected subset of information content (IC Sánchez–Batet) and semantic similarity (Lin/Sánchez–Batet) measures, which are both statistically powerful and computationally fast, could support the development of technologies for computer-assisted enhancements of human creativity or for the implementation of creativity in machines endowed with general artificial intelligence. (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)

Function-first approaches illuminate phenomena by investigating their functional roles. I first describe virtues of this approach. By foregrounding normal instances of knowledge, for example, function-first theorising offers a much-needed corrective to epistemology's counterexample-driven momentum towards increasingly byzantine, marginal cases. And epistemic practices are shaped by human limitations, needs, vices, and power relations. These non-ideal, naturalistic forces of embodied sociality form the roots of function-first theorising, which creates a fecund foundation for social epistemology. Secondly, I consider an objection to function-first theorising. (...) The objection holds that function-first approaches lack adjudicatory power. That is, function-first proposals are overly compatible with diverse claims about knowledge, which encourages “just so” speculation. In response to this concern, I advocate methodological pluralism in epistemological theorising. All methods have limitations; researchers must be mindful of those limits and fruitfully combine multiple methods. I illustrate with Hannon's function-first based arguments for “epistemic pragmatism”, which denies that the meaning of “knows” is determined by truth conditions. Finally, I argue that function-first theorising motivates staunch anti-skepticism about knowledge. Practical forces cannot chisel a sharp threshold for how much evidence is required for knowledge. But thinking this supports radical skepticism about knowledge conflates fuzzy thresholds and high ones. (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)