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)

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)

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)

An annotated bibliography of legal epistemology.

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)

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)

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 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)

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)

This article studies the specific designation of morals under the conditions of a modern society. Due to the circumstances that morals are able to overcome differences between the social regulatory systems and to unite the perceptions of a regulatory framework, they have become a major contemporary metalegal regulator. Being a significant social regulator, morals also play a mediation role between law and other social regulatory systems. In this role of theirs, they make a substantial factor having an influence on building (...) and changing legal prescriptions. Morals are also studied as a variable in the conditions of a dynamically developing society and changing conditions of living. Some models of behaviours, which were considered to be against moral only several decades ago, are nowadays regarded as completely normal. (shrink)

the article aims, through a comparative analysis, to explicate the Gnostic and Bogomil religious-philosophical conceptual grounds for the possibility of acquiring knowledge saving man from the dualism of being. The tasks of the study are to indicate the reasons for the search for such knowledge, which provides a form of human existence that will lead man to salvation. To achieve the tasks, the study begins by establishing the connections of Gnosticism and Bogomilism with historically preceding spiritual-religious communities and their concepts, (...) the relations with Christianity and the grounds for their designation as Christian heresies are indicated, the conceptual parallels between Gnosticism and Bogomilism in their cosmological understandings are indicated and their consequences for man, the way out is indicated, which overcomes the unnatural state of being and the subsequent opportunity available to man for union with God. (shrink)

Annotation Redefines globalization as merely the framework of the current political debate on the future of world power.

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 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)

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)

Demonstratives and Indexicals In the philosophy of language, an indexical is any expression whose content varies from one context of use to another. The standard list of indexicals includes pronouns such as “I”, “you”, “he”, “she”, “it”, “this”, “that”, plus adverbs such as “now”, “then”, “today”, “yesterday”, “here”, and “actually”. Other candidates include the tenses … Continue reading Demonstratives and Indexicals →.

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)

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)

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

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)

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)

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)

In this study, I reconstruct and compare Alain Badiou’s Being and Event (2005) and Graham Priest’s One (2014), arguing that the ontologies pursued within the two texts are intriguingly analogous in a number of ways. Both Badiou and Priest are committed to thinking through classically ontological problems without denying the validity of the paradoxes they raise; both regard Plato’s Parmenides as an early and formative account of these paradoxes; both establish conclusions to the effect that unity – or “oneness” – (...) is indeed a contradictory phenomenon; and both, as a corollary of this conclusion, develop frameworks which confer ontological prominence upon "the void" and "emptiness" respectively, thereby arriving at what appears to be a shared ontological nihilism. In this comparative study, I not only enquire whether the frameworks adopted by Badiou and Priest really do lead to nihilist conclusions, but also attempt to clearly outline their trajectories of thought for the benefit of those who might be tempted to dismiss their seemingly outlandish theses out of hand. (shrink)

The purpose of the present paper is to develop kinematics of the special relativity with an anisotropy of the one-way speed of light. As distinct from a common approach, when the issue of anisotropy of the light propagation is placed into the context of conventionality of distant simultaneity, it is supposed that an anisotropy of the one-way speed of light is due to a real space anisotropy. In that situation, some assumptions used in developing the standard special relativity kinematics are (...) not valid so that the “anisotropic special relativity” kinematics should be developed based on the first principles, without refereeing to the relations of the standard relativity theory. In particular, using condition of invariance of the interval between two events becomes unfounded in the presence of anisotropy of space since the standard proofs drawing the interval invariance from the invariance of equation of light propagation are not valid in that situation. Instead, the invariance of the equation of light propagation, which is a physical law, should be taken as a first principle. A number of other physical requirements, associativity, reciprocity and so on are satisfied by the requirement that the transformations between the frames form a group. Finally, the correspondence principle is to be satisfied which implies that the coordinate transformations should turn into the Galilean transformations in the limit of small velocities. The above formulation based on the invariance and group property suggests applying the Lie group theory apparatus which includes the following steps: constructing determining equations for the infinitesimal group generators using the invariance condition; solving the determining equations; specifying the solutions using the correspondence principle; defining the finite transformations by solving the Lie equations; relating the group parameter to physical parameters. The transformations derived in such a way, as distinct from the transformations derived in the context of conventionality of distant simultaneity, cannot be converted into the standard Lorentz transformations by a coordinate change. The anisotropic nature of the presented transformations manifests itself in that they do not leave the interval invariant but only provide the conformal invariance of the interval. The relations that represent measurable effects include the conformal factor which depends on the relative velocity of the frames and the anisotropy degree. It is important to note the use of the correspondence principle as a heuristic principle which allows to relate the conformal factor to the anisotropy degree and thus completely specify the transformations and observable quantities. (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 article examines Husserl’s conception of Buddhism, which was largely determined by the reading of the “Majjhima-nikaya” in Karl Eugen Neumann’s translation. It is a general and dotted image in which no distinctions were made regarding the eras, traditions and schools of Buddhist philosophy: an image that an interested European reader might form after reading the 152 sutras of the “Collection of Middle Instructions” of the Pali Canon. Nevertheless, it seems a productive task to interpret this image in order to (...) better explain Husserl’s conception of phenomenology about itself, regardless of the naivety of the image under discussion from the point of view of Buddhology. This article puts forward the following theses for discussion: Husserl understood Buddhist thought as a “conjugate detail (Gegenstück)” that complements the phenomenological science of transcendental subjectivity by contrast. Specifically, he interpreted Buddhism as a path to the transcendental position not from the critique of science, but from practice—as a suspension of the mythical picture of the world and the “practical general thesis” of the natural attitude. Although Buddhist thought according to Husserl, like phenomenology, is aimed at “revealing the transcendental position,” it nevertheless does not establish a science (in the radicalized Husserlian sense). In fact, Husserl uses this rough outline (characterizing Buddhism as “transcendentalism without science”) to emphasize the dynamics of his own phenomenological “working project of philosophy (Arbeitsphilosophie).” The “Collection of Middle Instructions” of the Pali Canon serves as an occasion for Husserl to thematize the specific combination of seriousness and playfulness that characterizes his phenomenology as “carefree care”; this helps Husserl to express the driving force of phenomenological labor (“work fervor” (Arbeitsfieber)). (shrink)

In Reason and Explanation Ted Poston advances an explanatory coherentist view of justification, according to which the justification of a person’s beliefs consists in how well those beliefs fit within a virtuous explanatory system. Poston argues that epistemic conservatism, which holds that in at least some cases belief itself generates epistemic merit, plays an essential role in such an account. Poston’s version of conservatism holds that “mere belief” – belief in cases of empty symmetrical evidence, where the subject lacks any (...) evidence for or against the claim – generates justification for that belief. In this essay I challenge epistemic conservatism; I focus on concerns arising from Poston’s account of conservatism. I then suggest Poston’s view does not need epistemic conservatism and conclude that his project would be more cohesive and compelling if he were to jettison conservatism. (shrink)