Epistemology and the law: why there is no epistemic mileage in legal cases

Philosophical Studies 177 (9):2759-2778 (2020)
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Abstract

The primary aim of this paper is to defend the Lockean View—the view that a belief is epistemically justified iff it is highly probable—against a new family of objections. According to these objections, broadly speaking, the Lockean View ought to be abandoned because it is incompatible with, or difficult to square with, our judgments surrounding certain legal cases. I distinguish and explore three different versions of these objections—The Conviction Argument, the Argument from Assertion and Practical Reasoning, and the Comparative Probabilities Argument—but argue that none of them are successful. I also present some very general reasons for being pessimistic about the overall strategy of using legal considerations to evaluate epistemic theories; as we will see, there are good reasons to think that many of the considerations relevant to legal theorizing are ultimately irrelevant to epistemic theorizing.

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Marvin Backes
University of Cologne

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References found in this work

Knowledge and its limits.Timothy Williamson - 2000 - New York: Oxford University Press.
Knowledge and lotteries.John Hawthorne - 2004 - New York: Oxford University Press.
The structure of empirical knowledge.Laurence BonJour - 1985 - Cambridge, Mass.: Harvard University Press.
Freedom and Resentment.Peter Strawson - 1962 - Proceedings of the British Academy 48:187-211.
Moral dimensions: permissibility, meaning, blame.Thomas Scanlon - 2008 - Cambridge, Mass.: Belknap Press of Harvard University Press.

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