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)

Ephecticism is the tendency towards suspension of belief. Epistemology often focuses on the error of believing when one ought to doubt. The converse error—doubting when one ought to believe—is relatively underexplored. This essay examines the errors of undue doubt. I draw on the relevant alternatives framework to diagnose and remedy undue doubts about rape accusations. Doubters tend to invoke standards for belief that are too demanding, for example, and underestimate how farfetched uneliminated error possibilities are. They mistake seeing how incriminating (...) evidence is compatible with innocence for a reason to withhold judgement. Rape accusations help illuminate the causes and normativity of doubt. I propose a novel kind of epistemic injustice, for example, wherein patterns of unwarranted attention to farfetched error possibilities can cause those error possibilities to become relevant. Widespread unreasonable doubt thus renders doubt reasonable and makes it harder to know rape accusations. Finally, I emphasise that doubt is typically a conservative force and I argue that the relevant alternatives framework helps defend against pernicious doubt-mongers. (shrink)

Until recently, it seemed like no theory about the relationship between rational credence and rational outright belief could reconcile three independently plausible assumptions: that our beliefs should be logically consistent, that our degrees of belief should be probabilistic, and that a rational agent believes something just in case she is sufficiently confident in it. Recently a new formal framework has been proposed that can accommodate these three assumptions, which is known as “the stability theory of belief” or “high probability cores.” (...) In this paper, I examine whether the stability theory of belief can meet two further constraints that have been proposed in the literature: that it is irrational to outright believe lottery propositions, and that it is irrational to hold outright beliefs based on purely statistical evidence. I argue that these two further constraints create a dilemma for a proponent of the stability theory: she must either deny that her theory is meant to give an account of the common epistemic notion of outright belief, or supplement the theory with further constraints on rational belief that render the stability theory explanatorily idle. This result sheds light on the general prospects for a purely formal theory of the relationship between rational credence and belief, i.e. a theory that does not take into account belief content. I argue that it is doubtful that any such theory could properly account for these two constraints, and hence play an important role in characterizing our common epistemic notion of outright belief. (shrink)

The central thesis of robust virtue epistemology (RVE) is that the difference between knowledge and mere true belief is that knowledge involves success that is attributable to a subject's abilities. An influential objection to this approach is that RVE delivers the wrong verdicts in cases of environmental luck. Critics of RVE argue that the view needs to be supplemented with modal anti-luck condition. This particular criticism rests on a number of mistakes about the nature of ability that I shall try (...) to rectify here. (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)

In this paper, we present the results of two surveys that investigate subjects’ judgments about what can be known or justifiably believed about lottery outcomes on the basis of statistical evidence, testimonial evidence, and “mixed” evidence, while considering possible anchoring and priming effects. We discuss these results in light of seven distinct hypotheses that capture various claims made by philosophers about lay people’s lottery judgments. We conclude by summarizing the main findings, pointing to future research, and comparing our findings to (...) recent studies by Turri and Friedman. (shrink)

Epistemologists focus primarily on cases of knowledge, belief, or credence where the evidence which one possesses, or on which one is relying, plays a fundamental role in the epistemic or normative status of one's doxastic state. Recent work in epistemology goes beyond the evidence one possesses to consider the relevance for such statuses of evidence which one does not possess, particularly when there is a sense in which one should have had some evidence. I focus here on Sanford Goldberg's approach (...) ("Should Have Known," Synthese, forthcoming; and "On the Epistemic Significance of Evidence You Should Have Had," Episteme 2016, this issue); but the discussion will interest anyone working on epistemic defeat. (shrink)

This article discusses Keith DeRose’s treatment of the lottery problem in Chapter 5 of his recent The Appearance of Ignorance. I agree with a lot of it but also raise some critical points and questions and make some friendly proposals. I discuss different ways to set up the problem, go into the difference between knowing and ending inquiry, propose to distinguish between two different kinds of lotteries, add to the defense of the idea that one can know lottery propositions, give (...) a critical discussion of DeRose’s contextualist solution to the problem, and support his defense against an absurdity objection with additional arguments. (shrink)

Hilde Lindemann argues that personhood is the shared practice of recognizing and responding to one another. She calls this practice holding. Holding, however, can fail. Holding failure, by stereotyping for example, can inhibit others’ epistemic confidence and ability to recall true beliefs as well as create an environment of racism or sexism. How might we avoid holding failure? Holding failure, I argue, has many epistemic dimensions, so I argue that moral encroachment has the theoretical tools available to avoid holding failures. (...) The goal of this paper, therefore, is to articulate and understand the epistemology of holding in an attempt to remedy holding failure. I show that the virtue of wokeness emerges from an epistemic environment tainted with moral encroachment. I argue that as long as an individual is woke, she will have a tendency to avoid holding failures. Wokeness and moral encroachment, consequently, are fundamental to the epistemology of holding and consistent proper holding. (shrink)