I formulate a resilient paradox about epistemic rationality, discuss and reject various solutions, and sketch a way out. The paradox exemplifies a tension between a wide range of views of epistemic justification, on the one hand, and enkratic requirements on rationality, on the other. According to the enkratic requirements, certain mismatched doxastic states are irrational, such as believing p, while believing that it is irrational for one to believe p. I focus on an evidentialist view of justification on which a (...) doxastic state regarding a proposition p is epistemically rational or justified just in case it tracks the degree to which one’s evidence supports p. If it is possible to have certain kinds of misleading evidence, then evidentialism and the enkratic requirements come into conflict. Yet, both have been defended as platitudinous. After discussing and rejecting three solutions, I sketch an account that rejects the enkratic requirements, while nevertheless explaining our sense that epistemic akrasia is a distinct kind of epistemic failure. Central to the account is distinguishing between two evaluative perspectives, one having to do with the relevant kind of success, the other having to do with manifesting good dispositions. The problem with akratic subjects, I argue, is that they manifest dispositions to fail to correctly respond to a special class of conclusive and conspicuous reasons. (shrink)

Numerous authors have defended the rough idea that it is irrational to fail to conform to one’s judgments about what it would be rational to do, or what doxastic states it would be rational to be in. This chapter examines rational reflection principles as an attempt to implement this idea in contexts of uncertainty about what credence distributions are rational. After outlining some problems with Old Rational Reflection, the chapter discusses what seems like a well-motivated fix, New Rational Reflection. It (...) is argued that an intuitive way of trying to motivate the principle fails, and that it faces counterexamples. To say the least, the principle imposes substantial and controversial constraints on the kinds of epistemic situations it is possible to be in. A more general problem is that rational reflection principles seem doomed to take seriously certain kinds of uncertainty about what is rational, but not others. (shrink)

Recent authors have drawn attention to a new kind of defeating evidence commonly referred to as higher-order evidence. Such evidence works by inducing doubts that one’s doxastic state is the result of a flawed process – for instance, a process brought about by a reason-distorting drug. I argue that accommodating defeat by higher-order evidence requires a two-tiered theory of justification, and that the phenomenon gives rise to a puzzle. The puzzle is that at least in some situations involving higher-order defeaters (...) the correct epistemic rules issue conflicting recommendations. For instance, a subject ought to believe p, but she ought also to suspend judgment in p. I discuss three responses. The first resists the puzzle by arguing that there is only one correct epistemic rule, an Über-rule. The second accepts that there are genuine epistemic dilemmas. The third appeals to a hierarchy or ordering of correct epistemic rules. I spell out problems for all of these responses. I conclude that the right lesson to draw from the puzzle is that a state can be epistemically rational or justified even if one has what looks to be strong evidence to think that it is not. As such, the considerations put forth constitute a non question-begging argument for a kind of externalism. (shrink)

I begin with by discussing cases that seem to show that a range of norms – norms like Choose the best!, Believe the truth!, and even Keep your promises! – fail to map out an important part of normative space. At the core of the problem is the observation that in some cases we can only conform to these norms by luck, in a way that is not creditable to us. I outline a prevalent diagnosis of the problem of luck, (...) which I label perspectivist. According to this diagnosis, the problem with a range of objectivist norms is that they make reference to facts that may lie outside our perspectives, not being present to our minds. An agent’s perspective is a kind of representation of the world: her evidence, knowledge, beliefs, experiences, etc. The first aim of this paper is to argue that the perspectivist diagnosis of the problem of luck is not ultimately correct. The correct diagnosis, I argue, is feasibilist: in some situations it is not feasible to choose, act, or believe in ways that conformity to objectivist norms robustly depends on. That is, it is sometimes not feasible to manifest dispositions that robustly enough track what one ought to do or believe, according to norms like those listed above. The same, I argue, is true of perspectivist norms: sometimes it is not feasible to track facts about our own perspectives. This shift in focus from the limits of our perspectives to limits on what dispositions it is feasible to manifest has, I argue, deep ramifications for normative theory. My second aim is to sketch an alternative, feasibilist way of thinking about a more subject-directed kind of normativity, one that takes into account our limitations as human agents. The result is a normative picture that unifies the practical and theoretical domains. (shrink)

It is common orthodoxy among internalists and externalists alike that knowledge is lost or defeated in situations involving misleading evidence of a suitable kind. But making sense of defeat has seemed to present a particular challenge for those who reject an internalist justification condition on knowledge. My main aim here is to argue that externalists ought to take seriously a view on which knowledge can be retained even in the face of strong seemingly defeating evidence. As an instructive example, I (...) first discuss whether a theory on which knowledge is belief that is safe from error has the resources for accommodating defeat. I argue that beliefs retained in defeat cases need not be unsafe or true in some accidental way. I then discuss externalist strategies for explaining why we have incorrect intuitions about defeat. The notion of an epistemically reasonable subject plays a central role in my theory. Reasonable subjects adopt general strategies that are good for acquiring true belief and knowledge across a wide range of normal cases, but stubbornly retaining belief in the face of new evidence does not reflect such policies. I argue that though the methods employed by subjects who fail to adjust their beliefs in defeat cases may be perfectly good, they are not good methods to adopt, as their adoption is accompanied by bad dispositions. What emerges is a view on which a subject can know despite being unreasonable, and despite failing to manifest dispositions to know across normal cases. Unreasonable subjects are genuinely criticisable, but like almost anything, knowledge can sometimes be achieved in the absence of a good general strategy. (shrink)

A wide range of more objectivist norms appear to leave uncharted an important part of normative space. In the beginning of this paper I briefly outline two broad ways of seeking more subject-directed norms: perspectivism and feasibilism. According to feasibilism, the ultimate reason why more objectivist norms are inadequate on their own is not that they fail to take into account the limits of an agent’s perspective, but that they are not sensitive to limits on what ways of choosing, acting, (...) and believing are feasible in a given situation. I think of these ways of choosing, acting, and believing in terms of an agent's dispositions. In this paper I focus on a knowledge-first implementation of feasibilism, a view in epistemology that supplements a knowledge norm with a norm urging one to manifest dispositions that are among the most knowledge-conducive feasible ones. A view with different norms that sometimes cannot be jointly satisfied raises questions about the status of these norms. By drawing on two general hypotheses about the relationship between succeeding (e.g. knowing) and manifesting dispositions conducive to success, I argue for a view on which the prescriptive and the hypological come radically apart. The result is that an epistemic analogue of a thesis that many have assumed to hold in the moral realm should be rejected. This thesis is Only Blameworthy for Wrongs: we can only ever be blameworthy for acts that are morally wrong. I argue that on the picture presented, we can be epistemically blameworthy for doxastic states that do not violate any prescriptive epistemic norms. I then generalise the considerations to the moral realm, arguing against Only Blameworthy for Wrongs. (shrink)

It is tempting to think that multi premise closure creates a special class of paradoxes having to do with the accumulation of risks, and that these paradoxes could be escaped by rejecting the principle, while still retaining single premise closure. I argue that single premise deduction is also susceptible to risks. I show that what I take to be the strongest argument for rejecting multi premise closure is also an argument for rejecting single premise closure. Because of the symmetry between (...) the principles, they come as a package: either both will have to be rejected or both will have to be revised. (shrink)

Subjects who retain their beliefs in the face of higher-order evidence that those very beliefs are outputs of flawed cognitive processes are at least very often criticisable. Many think that this is because such higher-order evidence defeats various epistemic statuses such as justification and knowledge, but it is notoriously difficult to give an account of such defeat. This paper outlines an alternative explanation, stemming from some of my earlier work, for why subjects are criticisable for retaining beliefs in the face (...) of paradigm kinds of putatively defeating higher-order evidence: they manifest dispositions that are bad relative to a range of candidate epistemic successes such as true belief and knowledge. In particular, giving up belief in response to higher-order evidence only when that evidence is not misleading would require subjects to have dispositions that discriminate between cases in which their original cognitive processes is fine, and cases in which they merely seemed to be fine. But, I argue, such dispositions are not normally humanly feasible. I show that retaining belief in putative cases of defeat by higher-order evidence is problematic irrespective of whether veritism or some form of gnosticism is true. In the end I contrast my account of dispositional evaluations with similar-sounding ideas that have been put forth in the literature, such as consequentialist views that focus on instrumental means to success. (shrink)

According to the Dogmatism Puzzle, knowledge breeds dogmatism: if a subject knows a proposition h, then she is justified in disregarding any future evidence against h, for she knows that such evidence is misleading. The standard, widely accepted, solution to the puzzle appeals to the defeasibility of knowledge. I argue that the defeat solution leaves intact a residual dogmatist puzzle. Solving this puzzle requires proponents of defeat to deny a plausible principle that the original puzzle relies on called Entitlement, a (...) principle stating roughly that knowing that a piece of evidence is misleading entitles one to disregard it. The plausibility of Entitlement should cast doubt not only on the defeat solution, but on an assumption that has often been taken for granted: the falsity of the dogmatist conclusion of the original puzzle. I conclude that we face a dilemma between giving up Entitlement and living with dogmatism. (shrink)

Evidence is one of the most fundamental notions in the field of epistemology and is emerging as a major topic across academic disciplines. The practice of every academic discipline consists largely in providing evidence for key theses and The Routledge Handbook of Philosophy of the Philosophy of Evidence, the first collection of its kind, is an outstanding reference source to the key topics, problems and debates in this exciting subject. Comprising over forty chapters by a team of international contributors the (...) Handbook is divided into six parts: Ontology of evidence Sources of evidence Evidence and normativity Evidence and probability Social epistemology of evidence Evidence in the disciplines. Within these sections central issues, debates and problems are examined. Questions covered include: What is evidence? What is the relationship between knowledge and evidence? Is a pluralism of evidence possible? What other sources of evidence are there in addition to perception? Is what a person ought to believe completely fixed by the totality of evidence they have, or does it also depend on other factors like practical interests? Can evidential force be measured in any well-behaved way? How do socially created biases - for instance, gender biases - affect evidence-gathering? How is evidence relevant within different academic disciplines? The Routledge Handbook of Philosophy of the Philosophy of Evidence is essential reading for students and researchers in philosophy of science and epistemology and related disciplines such as law, religion, history and the social sciences. (shrink)

My starting point is some widely accepted and intuitive ideas about justified, well-founded belief. By drawing on John Pollock’s work, I sketch a formal framework for making these ideas precise. Central to this framework is the notion of an inference graph. An inference graph represents everything that is relevant about a subject for determining which of her beliefs are justified, such as what the subject believes based on what. The strengths of the nodes of the graph represent the degrees of (...) justification of the corresponding beliefs. There are two ways in which degrees of justification can be computed within this framework. I argue that there is not any way of doing the calculations in a broadly probabilistic manner. The only alternative looks to be a thoroughly non-probabilistic way of thinking wedded to the thought that justification is closed under competent deduction. However, I argue that such a view is unable to capture the intuitive notion of justification, for it leads to an uncomfortable dilemma: either a widespread scepticism about justification, or drawing epistemically spurious distinctions between different types of lotteries. This should worry anyone interested in well-founded belief. (shrink)

What sort of doxastic response is rational to learning that one disagrees with an epistemic peer who has evaluated the same evidence? I argue that even weak general recommendations run the risk of being incompatible with a pair of real epistemic phenomena, what I call evidential attenuation and evidential amplification. I focus on a popular and intuitive view of disagreement, the equal weight view. I take it to state that in cases of peer disagreement, a subject ought to end up (...) equally confident that her own opinion is correct as that the opinion of her peer is. I say why we should regard the equal weight view as a synchronic constraint on (prior) credence functions. I then spell out a trilemma for the view: it violates what are intuitively correct updates (also leading to violations of conditionalisation), it poses implausible restrictions on prior credence functions, or it is non-substantive. The sorts of reasons why the equal weight view fails apply to other views as well: there is no blanket answer to the question of how a subject should adjust her opinions in cases of peer disagreement. (shrink)

This Major Reference series brings together a wide range of key international articles in law and legal theory. Many of these essays are not readily accessible, and their presentation in these volumes will provide a vital new resource for both research and teaching. Each volume is edited by leading international authorities who explain the significance and context of articles in an informative and complete introduction.

Being incoherent is often viewed as a paradigm kind of irrationality. Numerous authors attempt to explain the distinct-seeming failure of incoherence by positing a set of requirements of structural rationality. I argue that the notion of coherence that structural requirements are meant to capture is very slippery, and that intuitive judgments – in particular, a charge of a distinct, blatant kind of irrationality – are very imperfectly correlated with respecting the canon of structural requirements. I outline an alternative strategy for (...) explaining our patterns of normative disapproval, one appealing to feasible dispositions to conform to substantive, non-structural norms. A wide range of paradigmatic cases of incoherence, I will argue, involve manifesting problematic dispositions, dispositions that manifest across a range of cases as blatant-seeming normative failures. (shrink)

On Finnish legal theory in the 20th century.--On the significance of theoretical studies in legal research.--On so-called hermeneutic trend in Finnish legal theory.--Can a sentence concerning the content of a legal rule be valid?--External and changing law--Some thoughts on the community of heirs as a juridical person.

McKinsey-style incompatibilist arguments attempt to show that the thesis that subjects have privileged, a priori access to the contents of their thoughts is incompatible with semantic externalism. This incompatibility follows – it is urged – from the fact that these theses jointly entail an absurd conclusion, namely, the possibility of a priori knowledge of the world. In a recent paper I argued that a large and important class of such arguments exemplifies a dialectical failure: if they are valid, the putatively (...) absurd conclusion can be generated without the privileged access premise. Michael McKinsey has responded by arguing that the semantic externalist should adopt a neutral free logic invalidating a principle that my argument essentially relies on. I will say why the semantic commitments of the externalist are in tension with free logic, thereby vindicating my original argument. (shrink)

Our main aims in this paper is to discuss and criticise the core thesis of a position that has become known as phenomenal conservatism. According to this thesis, its seeming to one that p provides enough justification for a belief in p to be prima facie justified (a thesis we label Standard Phenomenal Conservatism). This thesis captures the special kind of epistemic import that seemings are claimed to have. To get clearer on this thesis, we embed it, first, in a (...) probabilistic framework in which updating on new evidence happens by Bayesian conditionalization, and second, a framework in which updating happens by Jeffrey conditionalization. We spell out problems for both views, and then generalize some of these to non-probabilistic frameworks. The main theme of our discussion is that the epistemic import of a seeming (or experience) should depend on its content in a plethora of ways that phenomenal conservatism is insensitive to. (shrink)

I look at incompatibilist arguments aimed at showing that the conjunction of the thesis that a subject has privileged, a priori access to the contents of her own thoughts, on the one hand, and of semantic externalism, on the other, lead to a putatively absurd conclusion, namely, a priori knowledge of the external world. I focus on arguments involving a variety of externalism resulting from the singularity or object-dependence of certain terms such as the demonstrative ‘that’. McKinsey argues that incompatibilist (...) arguments employing such externalist theses are at their strongest, and conclusively show that privileged access must be rejected. While I agree on the truth of the relevant externalist theses, I show that all plausible versions of the incompatibilist reductio argument as applied to such theses are fundamentally flawed, for these versions of the argument must make assumptions that lead to putatively absurd knowledge of the external world independently of the thesis of privileged access. (shrink)

The author outlines a conceptually oriented rational reconstruction of crisis tendencies in modern law. The connection between problems of legitimacy and the notion of rationality is emphasized and topics involving both the theory of communicative rationality and the theory of practical reasoning (especially in law) are discussed. The author concludes that a theory transcending the traditional approaches is needed. Otherwise, we shall not be able to face the questions of jurisprudence in the future, especially as regards an assessment of the (...) relations between law and morality, between law and society and finally between law, legitimacy and democracy. (shrink)

Any value statement belongs to a certain value code shared, to a certain degree, by a number of people. Is the value code itself relative or not? To solve this problem, one must assume that universal value statements and principles always have a prima‐facie character. Prima‐facie value propositions not only claim universality but can also be understood as universally valid in the following sense. First, their validity does not depend on an individual's free preferences. Second, although they are culture‐bound, there (...) is something all cultures must have in common. But such prima‐facie propositions do not logically imply a moral judgement in any particular case. They are merely a starting point of an evaluation procedure, i.e., of weighing and balancing, nothing more. On the other hand, the final (contextual, all things considered) evaluations are necessarily relative to a certain culture and, indeed, to individual preferences. When claiming universality of values, people see the first side of the problem. When endorsing relativism, they see only the second side. (shrink)

The author's aim is to prove that certain moral principles will always be etched into laws when the interest of society demands it and when morality as a set of norms guiding behavior no longer functions in an expected manner outside the system of law. In this paper, it is argued that morality is constituted within the law in a more profound way as well as in a way which is also much more difficult to identify than, for example, conventional (...) instructions concerning professional ethics may indicate. The main thesis is that de facto there are no particular professional ethics of lawyers beyond or above the ethical principles binding all people. (shrink)

Moral and theoretical deficiencies of the main foundation strategies in social and political systems (Social Engineering, Foundationalism and Invisible Hand theories) are explained by the necessity of a synthesis of different kinds of rationality, i.e., goal-rationality, norm-rationality and rightness and weighing rationality. The anthropological basis of the theory is a distinction between homo finalis and homo socialis. At the institutional level, this conception leads to a synthesis of the rule of law and the welfare state. At the political level, this (...) implies a retonsideration of the principles of democracy and political planning. (shrink)

In this paper the author deals with collegial judicial decisions as a form of human action. The scope is, however, limited to three questions: What is the structure and the status of the general theory of action; Is this theory applicable to such performative acts as judicial decisions; and finally, Is it possible to speak about action in connection with collective agents such as collegial courts? The author defends the thesis that general theory of action as such is applicable to (...) collective action, too, because the difficulty is not in the structure of that theory, or in its “individual character,” but specifically in the notion of “collective will.” This kind of “will” is epistemologically always a result of a political procedure, and speaking about the “collective will” presupposes the analysis of these procedures, because in practice they and only they formulate “collective motives,”“collective beliefs” and the like. (shrink)