This chapter states the contrast between presumptivism about testimonial warrant (often called anti-reductionism) and strict reductionism (associated with Hume) about testimonial warrant. Presumptivism sees an analogy with modest foundationalism about perceptual warrant. Strict reductionism denies this analogy. Two theoretical frameworks for these positions are introduced to better formulate the most popular version of persumptivism, a competence reliabilist account. Seven arguments against presumptivism are then stated and critiqued: (1) The argument from reliability; (2) The argument from reasons; (3) the argument from (...) positive reasons; (4) the argument from negative reasons; (5) the argument from agency; (6) the argument from psychological force; and (7) the argument from gullibility. If presumptivm is false, it is not for any of these arguments. (shrink)

This essay investigates the applicability of Grice’s theory of conversational implicatures to legal interpretation, in order to highlight some of its characteristics. After introducing the notions of language and discourse, and briefly explaining the most salient aspects of Grice’s theory, I will analyse the interpretation of two types of legal acts; authoritative legal acts and acts of private autonomy. Regarding the first class, exemplified by statutes, I will argue against the applicability of Gricean theory due to the conflictual behaviour of (...) the addressees and, above all, to the insurmountable indeterminacy of the contextual elements. As far as acts of private autonomy are concerned, exemplified by contracts, I will argue that the cooperative principle is applicable, at least in those legal systems that include the principle of bona fides among the interpretative regulations of such acts. (shrink)

Can fictions make genuine assertions about the actual world? Proponents of the ‘Assertion View’ answer the question affirmatively: they hold that authors can assert, by means of explicit statements that are part of the work of fiction, that something is actually the case in the real world. The ‘Nonassertion’ View firmly denies this possibility. In this paper, I defend a nuanced version of the Nonassertion View. I argue that even if fictions cannot assert, they can indirectly communicate that what is (...) recounted as fictional is actually true. I show that this view is supported by independent linguistic data, and that it is able to defuse the objections that are typically raised against the Nonassertion View. I conclude by showing that this position has some interesting implications for testimonial cognitivism about fiction. (shrink)

Within the contemporary epistemology of testimony, it is widely assumed that testimonial scepticism can be dismissed without engaging with possible reasons or arguments supporting the view. This assumption of dismissibility both underlies the debate between reductionist and non-reductionist views of testimony and is responsible for the neglect of testimonial scepticism within contemporary epistemology. This paper argues that even given liberal assumptions about what may constitute valid grounds for the dismissal of a sceptical view, the assumption that testimonial scepticism is dismissible (...) should be rejected. For even if familiar sceptical positions and scepticism about testimonial justification can be dismissed on such grounds, scepticism about testimonial knowledge cannot. (shrink)

A prima facie plausible and widely held view in epistemology is that the epistemic standards governing the acquisition of testimonial knowledge are stronger than the epistemic standards governing the acquisition of perceptual knowledge. Conservatives about testimony hold that we need prior justification to take speakers to be reliable but recognise that the corresponding claim about perception is practically a non-starter. The problem for conservatives is how to establish theoretically significant differences between testimony and perception that would support asymmetrical epistemic standards. (...) In this paper I defend theoretical symmetry of testimony and perception on the grounds that there are no good reasons for taking these two belief forming methods to have significant theoretical differences. I identify the four central arguments in defence of asymmetry and show that in each case either they fail to establish the difference that they purport to establish or they establish a difference that is not theoretically significant. (shrink)

According to the traditional philosophical definition, you lie if and only if you assert what you believe to be false with the intent to deceive. However, several philosophers (e.g., Carson 2006, Sorensen 2007, Fallis 2009) have pointed out that there are lies that are not intended to deceive and, thus, that the traditional definition fails. In 2009, I suggested an alternative definition: you lie if and only if you say what you believe to be false when you believe that one (...) of Paul Grice's conversational norms (“Do not say what you believe to be false”) is in effect. Faulkner (forthcoming), Stokke (forthcoming), and Pruss (2012) have subsequently argued that my 2009 definition fails as well because it counts some statements that are clearly not lies as being lies. In this paper, I identify some additional counter-examples of this sort. But I argue that my 2009 definition can easily be revised to deal with such counter-examples once we clarify that the relevant norm is really against communicating something false rather than against merely saying it. Nevertheless, I show that even this revised version of my 2009 definition fails because it counts some statements that are lies as not being lies. Lies told by young children – which uncontroversially count as lies on the traditional philosophical definition – suggest that lying (as well as asserting in general) does not require believing that such a norm is in effect. Even so, I claim that, since all liars intend to do something that would violate this norm if it were in effect, there is a successful definition of lying that is at least in the spirit of my 2009 definition. (shrink)

It has recently been argued that public linguistic norms are implicated in the epistemology of testimony by way of underwriting the reliability of language comprehension. This paper argues that linguistic normativity, as such, makes no explanatory contribution to the epistemology of testimony, but instead emerges naturally out of a collective effort to maintain language as a reliable medium for the dissemination of knowledge. Consequently, the epistemologies of testimony and language comprehension are deeply intertwined from the start, and there is no (...) room for grounding the one in terms of the other. (shrink)

Asserting is the act of claiming that something is the case—for instance, that oranges are citruses, or that there is a traffic congestion on Brooklyn Bridge (at some time). We make assertions to share information, coordinate our actions, defend arguments, and communicate our beliefs and desires. Because of its central role in communication, assertion has been investigated in several disciplines. Linguists, philosophers of language, and logicians rely heavily on the notion of assertion in theorizing about meaning, truth and inference. -/- (...) The nature of assertion and its relation to other speech acts and linguistic phenomena (implicatures, presuppositions, etc.) have been subject to much controversy. This entry will situate assertion within speech act theory and pragmatics more generally, and then go on to present the current main accounts of assertion. (shrink)