The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

In this paper I defend the claim that justification is closed under conjunction, and confront its most alarming consequence — that one can have justification for believing propositions that are unlikely to be true, given one's evidence.

Half a century later, a Dretskean stance on epistemic closure remains a minority view. Why? Mainly because critics have successfully poked holes in the epistemologies on which closure fails. However, none of the familiar pro-closure moves works against the counterexamples on display here. It is argued that these counterexamples pose the following dilemma: either accept that epistemic closure principles are false, and steal the thunder from those who attack classical logic on the basis of similarly problematic cases—specifically, relevance logicians and (...) like-minded philosophers—or stick with closure and surrender to relevantist claims of failure in truth-preservation aimed at classical rules of inference. Classicist closure advocates find the promise of a way out of the dilemma in the works of Roy Sorensen and John Hawthorne. The paper argues against their pro-closure move and renews Robert Audi’s call for a theory of closure-failure. (shrink)

A number of prominent epistemologists claim that the principle of sensitivity “play[s] a starring role in the solution to some important epistemological problems”. I argue that traditional sensitivity accounts fail to explain even the most basic data that are usually considered to constitute their primary motivation. To establish this result I develop Gettier and lottery cases involving necessary truths. Since beliefs in necessary truths are sensitive by default, the resulting cases give rise to a serious explanatory problem for the defenders (...) of sensitivity accounts. It is furthermore argued that attempts to modally strengthen traditional sensitivity accounts to avoid the problem must appeal to a notion of safety—the primary competitor of sensitivity in the literature. The paper concludes that the explanatory virtues of sensitivity accounts are largely illusory. In the framework of modal epistemology, it is safety rather than sensitivity that does the heavy explanatory lifting with respect to Gettier cases, lottery examples, and other pertinent cases. (shrink)