The Interested Expert Problem and the Epistemology of Juries

Episteme 18 (3):428-452 (2021)
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Abstract

The existence of experts raises a host of interesting questions in social, legal, and political epistemology. This article introduces and discusses interested experts – people who are experts on some topic, but who also have a distinct set of values and preferences regarding that topic, so that they are not well-described as “disinterested” parties. Interested experts raise several distinct problems in social, legal, and political epistemology. Some general questions arise: can we rationally or justifiably form beliefs relying on interested expert testimony? Do they constitute knowledge? Under what circumstances? This article focuses on a specific question in legal epistemology: should interested experts be allowed to serve on juries and, if so, should it be permissible for lawyers to strike them from the pool of potential jurors? My hope is that concentrating on this question will provide insight into the more general questions concerning the epistemology of testimony with respect to interested experts, while also providing concrete recommendations for jury reform to improve the epistemic performance of juries.

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Alex Guerrero
Rutgers - New Brunswick

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References found in this work

Knowledge in an uncertain world.Jeremy Fantl & Matthew McGrath - 2009 - New York: Oxford University Press. Edited by Matthew McGrath.
Knowledge and Action.John Hawthorne & Jason Stanley - 2008 - Journal of Philosophy 105 (10):571-590.
White Ignorance.Charles W. Mills - 2007 - In Shannon Sullivan & Nancy Tuana (eds.), Race and Epistemologies of Ignorance. Albany, NY: State Univ of New York Pr. pp. 11-38.
Evidence, pragmatics, and justification.Jeremy Fantl & Matthew McGrath - 2002 - Philosophical Review 111 (1):67-94.
Norms of assertion.Jennifer Lackey - 2007 - Noûs 41 (4):594–626.

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