Ch. 1. Obshta teorii︠a︡ na pravoto -- ch. 2. Filosofii︠a︡ na pravoto.

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)

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)

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)

An annotated bibliography of legal epistemology.

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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 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)

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)

Recently, there has been a large amount of support for the idea that causal claims can be sensitive to normative considerations. Previous work has focused on the concept of actual causation, defending the claim that whether or not some token event c is a cause of another token event e is influenced by both statistical and prescriptive norms. I focus on the policy debate surrounding alternative energies, and use the causal modelling framework to show that in this context, people’s normative (...) commitments don’t just affect the causal claims they are willing to endorse, but also their understanding of the causal structure. In the context of the alternative energy debate, normative considerations affect our understanding of the causal structure by influencing our judgements about which variables should be held fixed, and therefore which variables should be relegated to the background of a causal model. In cases of extreme disagreement, normative commitments can also affect which causal structure we think should be instantiated. Thus, focusing on a new context has revealed a previously unexplored sense in which normative factors are incorporated into causal reasoning. (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 book offers an interpretation of the unum argumentum . Interpreted as a search for the limit of thought, the argument cannot be understood as an "ontological proof". Afterwards, the author shows which Anselm has been misperceived by subsequent interpreters.

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 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)

In der vorliegenden Arbeit soll ein in der analytischen Philosophie aufgestelltes Programm zur Explikation der kausalen Begrifflichkeit kritisch untersucht werden. Seine kritische Analyse mag im Hinblick auf die Rolle von Interesse sein, welche die kausalen Begriffe in einer allgemeinen Theorie der wissenschaftlichen Erklärung zu spielen haben. Diese Analyse könnte außerdem m.E. zur Bestimmung des Ausgangspunktes einer positiven Behandlung der mit den kausalen Begriffen zusammenhängenden Sinnfragen beitragen.

The article builds on Husserl’s “trivial” observations from the manuscript Reason — Science. Reason and Morality — Reason and Metaphysics on the topic of conscience, to then question the neglect of the topic of misguided conscience or self-deception in Heidegger’s model of conscience from §§ 54–60 of Being and Time. In Heidegger’s conception of conscience (as a silent call appealing to the authenticity of Dasein) we will not find a number of points important to the Husserlian understanding of conscience: neither (...) the unrevealed horizons of prior life, nor the relativity of intersubjective contexts, nor a misguided (and doubting) conscience, still less a search for (presumed) evidence. That said, the way Heidegger axiomatically sets up the original culpability of Dasein creates a number of dead ends or blind spots in this model. It is to these that Mark Richir addresses in his interpretation (or, more precisely, two alternative interpretations), speaking of the “original symbolic mishap” that befell Dasein, and then of the “symbolic tautology” in which it has become a prisoner. Richir’s critique is not aimed at “overcoming” Heidegger’s model of conscience, but at demonstrating a transcendental illusion — probably inevitable for one who is guided by “authenticity” and the “inner voice.” This is a kind of critical phenomenology of “authenticity”, which manages to avoid the closedness of phenomenology in itself by “grafting” in it poststructuralism. This is why both the first and the second interpretation by the Belgian phenomenologist focus on the problem of symbolic structures: “original symbolic mishap” in the first case and “symbolic tautology” in the second. (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 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)

The author considers the specifics of “trading zones” as a cognitive model for the study of interdisciplinary interaction which is aimed to compensate lack of understanding between different scientific and non-scientific practices. It is argued that “trading zones” represents the unity of its intellectual, material and social components that creates the «communications area» for joint activities to produce new creative products. It is emphasized that the understanding of the mechanism of formation and functioning of the “trading zone” is a matter (...) of epistemology. It is also claimed that “trading zones” provide the mediation in interdisciplinary and transdisciplinary researches. (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)

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)