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)

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)

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

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

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)

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)

How to reconcile the theory of evolution with existing religious beliefs has occupied minds since Darwin's time. The majority of the discourse on the subject is still focused on the Darwinian version of evolutionary theory, or at best, the mid-twentieth century version of the Modern Synthesis. However, evolutionary thought has moved forward since then with the insights provided by the advent of comparative genomics in recent decades having a particularly significant impact. A theology that successfully incorporates evolutionary biology needs to (...) take such developments into account, because range of truly viable options among the many versions of theistic evolution that have been proposed in the past may narrow down when this is done. Here I present these previously underappreciated strains of contemporary evolutionary thought and discuss their potential theological impact. (shrink)

The paper presents a cross-country analysis of the second generation of currency boards introduced in three East European countries: Bulgaria, Estonia and Lithuania. We focus on their institutional, legal and political characteristics which are closely associated with the operation of the automatic mechanism of currency boards. The presence of an automatic mechanism within the framework of the currency board is often cited as a major counterpoint to the “discretion and subjectivity” of a classical central bank. Since there is no precise (...) definition of automatic mechanisms in the literature, we define it as: “the presence of a positive cointegration relationship between the balance of payments and the reserve money and absence of discretionary variables in the model.” When discretionary variables are present in the model in one form or another, we may speak of a “mechanism for adjustment through discretion – conscious or unconscious.” Within the framework of the second generation of currency boards, we reduce the channel of discretion to the presence of atypical balance sheet items and employment of a number of monetary policy instruments. We seek in this article to compare currency board automatic mechanism in Bulgaria, Estonia and Lithuania.L’article procède d’une analyse transversale par pays de la deuxième génération des “bureaux d’émission” introduits dans trois pays de l’Europe de l’Est. L’accent est mis sur les caractéristiques institutionnelles, juridiques et politiques qui sont étroitement associées à l’opération du mécanisme automatique des bureaux d’émission. L’existence d’un mécanisme automatique dans la structure d’un bureau d’émission est souvent mise en avant comme l’argument majeur à l’encontre de la “discrétion” et la “subjectivité” d’une banque centrale classique. Parce qu’il n’existe aucune définition précise du mécanisme automatique dans la littérature, nous la définissons comme “la présence d’une relation positive de cointégration entre la balance des paiements et les réserves monétaires et l’absence de variables discrétionna- ires dans le modèle”. Quand des variables discrétionnaires sont présentes dans le modèle sous une forme ou une autre, nous pouvons parler d’un “mécanisme d’ajustement discrétionnaire – conscient ou inconscient”. Au sein de la structure de la deuxième génération des bureaux d’émission, la discrétion se réduit à la présence de postes atypiques dans le bilan et à l’emploi d’un certain nombre d’instruments de politique monétaire.L’article propose une comparaison du mécanisme automatique en Bulgarie, Estonie et Lithuanie. (shrink)

An annotated bibliography of legal epistemology.

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)

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)

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)

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)

Bishop John Wilkins’s “universal philosophical language", set out in his Essay Towards a Real Character and a Philosophical Language (1668), has often been described - and indeed dismissed - as a “utopian” project. However, despite the charge of utopianism being applied to Wilkins’s work by theorists as eminent as Foucault, Lacan, and Umberto Eco, no effort has yet been made to read the Essay as a legitimately utopian text: a text that may be positioned alongside the rich utopian literary-critical tradition (...) to mutually illuminating effect. This article argues that the Essay displays a tendency that the author terms “info-utopianism,” and that this tendency can be located in a number of other Early Modern utopian works. The article then discusses the contextual influences behind the emergence of Early Modern info-utopianism, as well as its implications for contemporary utopian theory. (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)

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)

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)

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)

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)

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)