Scientific Testimony concerns the roles of scientific testimony in science and society. The book develops a positive alternative to a tradition famously expressed by the slogan of the Royal Society Nullius in verba ("Take nobody's word for it"). This book argues that intra-scientific testimony—i.e., testimony between collaborating scientists—is not in conflict with the spirit of science or an add-on to scientific practice. On the contrary, intra-scientific testimony is a vital part (...) of science. This is illustrated by articulating epistemic norms of intra-scientific testimony and arguing that they are vital to scientific methodology on a par with other scientific norms governing scientific observation and data analysis. -/- The book also provides an account of public scientific testimony—i.e., scientific testimony to the lay population. This is done by integrating philosophical resources with empirical research on the science of science communication. For example, various misconceptions about science and folk epistemological biases are diagnosed as factors that contribute to science skepticism. This diagnosis provides the basis for developing novel norms for science communication that are sensitive to the psychological and social obstacles to laypersons' uptake of it. Finally, the volume discusses how public scientific testimony is best embedded in society and argues that it is critical for societies that pursue the ideals of deliberative democracy. Scientific Testimony draws on philosophy of science, social epistemology, and empirical research to provide a wide-ranging account of the roles of scientific testimony within scientific practice and within the wider society. (shrink)

This is the Introduction and Chapter 1.1 of the book ‘Scientific Testimony. Its roles in science and society’ (OUP 2022). The introduction contains a brief survey of the book’s chapters and main conclusions, which I hope will be useful to the curious ones.

What is the epistemic position that a scientist must be in vis-à-vis a proposition, p, to be in a good enough epistemic position to assert that p to a fellow scientist within the scientific process? My aim is to provide an answer to this question and, more generally, to connect the epistemological debates about the epistemic norms of assertion to the debates about the nature of the scientific process. The question is important because science is a collaborative enterprise (...) based on a division of labor. It has even been suggested that such collaboration is a part of the scientific method. However, scientific collaboration depends upon communication between scientists—that is, intra-scientific testimony. After distinguishing some different kinds of intra-scientific testimony, I provide a specific proposal for an epistemic norm of assertion that generally governs such testimony. I argue that the proposal aligns with the requirements of three scientific virtues—replicability, revisability, and accountability. The discussion of replicability considers a prominent debate in the social and cognitive sciences. In conclusion, I consider some of the wider questions raised by characterizing scientific collaboration, division of labor, and more generally, scientific method via intra-scientific testimony. (shrink)

Responsible public policy making in a technological society must rely on complex scientific reasoning. Given that ordinary citizens cannot directly assess such reasoning, does this call the democratic legitimacy of technical public policies in question? It does not, provided citizens can make reliable second-order assessments of the consensus of trustworthy scientific experts. I develop criteria for lay assessment of scientific testimony and demonstrate, in the case of claims about anthropogenic global warming, that applying such criteria is (...) easy for anyone of ordinary education with access to the Web. However, surveys show a gap between the scientific consensus and public opinion on global warming in the U.S. I explore some causes of this gap and argue that democratic reforms of our culture of political discourse may be able to address it. (shrink)

A consensus in a scientific community is often used as a resource for making informed public-policy decisions and deciding between rival expert testimonies in legal trials. This paper contains a social-epistemic analysis of the high-profile Bendectin drug controversy, which was decided in the courtroom inter alia by deference to a scientific consensus about the safety of Bendectin. Drawing on my previously developed account of knowledge-based consensus, I argue that the consensus in this case was not knowledge based, hence (...) courts’ deference to it was not epistemically justified. I draw sceptical lessons from this analysis regarding the value of scientific consensus as a desirable and reliable means of resolving scientific controversies in public life. (shrink)

The term ‘epistemic trespassing’ has recently been coined to denote a person’s judgments regarding a domain where they are not epistemic experts. In this paper, I focus on expert trespassing testimony – that is, testimony by an expert in a domain of expertise other than his own. More specifically, I focus on intra-scientific trespassing testimony between scientific collaborators. By developing a number of distinctions, I argue that while intra-scientific trespassing testimony may seriously hamper (...) scientific collaboration, it does not invariably do so and may even be beneficial to it. (shrink)

We examine the relationship between scientific knowledge and the legal system with a focus on the exclusion of expert testimony from trial as ruled by the Daubert standard in the US.We introduce a simple framework to understand and assess the role of judges as “gatekeepers”, monitoring the admission of science in the courtroom. We show how judges face a crucial choice, namely, whether to limit Daubert assessment to the abstract reliability of the methods used by the expert witness (...) or also to check whether the application of those methods was correct. Undesirable outcomes result from both choices, thereby giving rise to the “gatekeeper’s dilemma.” We illustrate the dilemma by analyzing in some detail two well-known cases of Daubert challenges to economic experts. Finally, we present reasons for the absence of straightforward solutions to the dilemma and for its likely endurance. (shrink)

Several current debates in the epistemology of testimony are implicitly motivated by concerns about the reliability of rules for changing one’s beliefs in light of others’ claims. Call such rules testimonial norms (tns). To date, epistemologists have neither (i) characterized those features of communities that influence the reliability of tns, nor (ii) evaluated the reliability of tns as those features vary. These are the aims of this paper. I focus on scientific communities, where the transmission of highly specialized (...) information is both ubiquitous and critically important. Employing a formal model of scientific inquiry, I argue that miscommunication and the “communicative structure” of science strongly influence the reliability of tns, where reliability is made precise in three ways. (shrink)

In this paper we address the question of how it can be possible for a non-expert to acquire justified true belief from expert testimony. We discuss reductionism and epistemic trust as theoretical approaches to answer this question and present a novel solution that avoids major problems of both theoretical options: Performative Expert Testimony. PET draws on a functional account of expertise insofar as it takes the expert’s visibility as a good informant capable to satisfy informational needs as equally (...) important as her specific skills and knowledge. We explain how PET generates justification for testimonial belief, which is at once assessable for non-experts and maintains the division of epistemic labor between them and the experts. Thereafter we defend PET against two objections. First, we point out that the non-expert’s interest in acquiring widely assertable true beliefs and the expert’s interest in maintaining her status as a good informant counterbalances the relativist account of justification at work in PET. Second, we show that with regard to the interests at work in testimonial exchanges between experts and non-experts, PET yields a better explanation of knowledge-acquisition from expert testimony than externalist accounts of justification such as reliabilism. As our arguments ground in a conception of knowledge, which conceives of belief-justification as a declarative speech act, throughout the rearmost sections of this paper we also indicate to how such a conception is operationalized in PET. (shrink)

In this paper we address the question of how it can be possible for a non-expert to acquire justified true belief from expert testimony. We discuss reductionism and epistemic trust as theoretical approaches to answer this question and present a novel solution that avoids major problems of both theoretical options: Performative Expert Testimony (PET). PET draws on a functional account of expertise insofar as it takes the expert’s visibility as a good informant capable to satisfy informational needs as (...) equally important as her specific skills and knowledge. We explain how PET generates justification for testimonial belief, which is at once assessable for non-experts and maintains the division of epistemic labor between them and the experts. Thereafter we defend PET against two objections. First, we point out that the non-expert’s interest in acquiring widely assertable true beliefs and the expert’s interest in maintaining her status as a good informant counterbalances the relativist account of justification at work in PET. Second, we show that with regard to the interests at work in testimonial exchanges between experts and non-experts, PET yields a better explanation of knowledge-acquisition from expert testimony than externalist accounts of justification such as reliabilism. As our arguments ground in a conception of knowledge, which conceives of belief-justification as a declarative speech act, throughout the rearmost sections of this paper we also indicate to how such a conception is operationalized in PET. (shrink)

The ArgumentThis paper provides a historical perspective to one of the liveliest debates in common law courts today — the one over scientific expert testimony. Arguing against the current tendency to present the problem of expert testimony as a late twentieth-century predicament which threatens to spin out of control, the paper shows that the phenomena of conflicting scientific testimonies have been perennial for at least two centuries, and intensely debated in both the legal and the (...) class='Hi'>scientific communities for at least 150 years. (shrink)

Virtually everything we know depends in some way or other on the testimony of others—what we eat, how things work, where we go, even who we are. We do not, after all, perceive firsthand the preparation of the ingredients in many of our meals, or the construction of the devices we use to get around the world, or the layout of our planet, or our own births and familial histories. These are all things we are told. Indeed, subtracting from (...) our lives the information that we possess via testimony leaves them barely recognizable. Scientific discoveries, battles won and lost, geographical developments, customs and traditions of distant lands—all of these facts would be completely lost to us. It is, therefore, no surprise that the importance of testimony, both epistemological and practical, is nearly universally accepted. Less consensus, however, is found when questions about the nature and extent of our dependence on the word of others arise. Is our justified reliance on testimony fundamentally basic, for instance, or is it ultimately reducible to perception, memory, and reason? Is trust, or some related interpersonal feature of our social interaction with one another, essential to the acquisition of beliefs that are testimonially justified? Is testimonial knowledge necessarily acquired through transmission from speaker to hearer? Can testimony generate epistemic features in its own right? These are the questions that will be taken up in this paper and, as will become clear, their answers have far-reaching consequences for how we understand our place in the social world. (shrink)

The Bristol Inquiry is arguably one of the most important cases of judicial medical investigation held in the United Kingdom, which continues to raise important insights into the social construction of medical and scientific risks. As a way of marking the inquiry’s tenth anniversary year, this article returns to an important conversation held between noted pediatric cardiothoracic and cardiovascular specialists, on days 49 and 50 of the inquiry’s proceedings. Their conversance principally describes a pathway of scientific advancement across (...) four decades. Risks, and the avoidance of medical error, represent important subtopics of the ensuing historical narrative, within which the experts describe opportunities for error as diminishing in-line with paradigmatic advancement. The telling of this story of risk mitigation involves the expurgation of considerable sensitivities to scientific uncertainty. In analyzing this example of expert scientific witness testimony, the article primarily considers how representations of uncertainty are formulated in language. The article concludes that, in this instance, the social construction of risk and uncertainty were heteroglossically premised upon language catalysts, cognitive metaphors, and logic-based mathematical rubrics. (shrink)

Can a hearer be rationally justified to have beliefs based on testimony alone when the source of his information is known to have conflicting epistemic goals? When it comes to belief justification, existing theories either recommend avoiding epistemic conflicts of interest or ignoring them. This is an important epistemological limitation. A theory that comes in degrees, capable of explaining what beliefs we are justified to hold and why, despite epistemic conflict of interest, is still lacking. Building on a game-theoretical (...) approach, I suggest such a theory and argue that the hearer can justify some beliefs on testimony alone. This justification relies on an equilibrium concept, which is only reached in the long run. In addition, the hearer’s justified beliefs will always be less accurate than those held by the original source. For instance, assume the speaker is a climate scientist who has good reasons to believe that a 2∘\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$$^{\circ }$$\end{document}C increase in temperature will lower the current global GDP by 10 percentage points. Under epistemic conflict of interest, a hearer will typically be justified to a belief close to that value, but not equal to it. The smaller the epistemic conflict of interest, the closer, on average, the hearer’s and speaker’s belief. These results highlight the importance of scientific norms which, in practice, are the embodiment of these equilibrium mechanisms and thus of scientific credibility. (shrink)

While much interdisciplinarity brings together proximate fields, broad interdisciplinarity sees integration between disciplines that are perceived to be non-neighboring. This paper argues that the heterogeneity among disciplines in broad interdisciplinarity calls for stricter epistemic norms of testimony for experts that act as translators between the disciplines than those suggested for intra-scientific testimony. The paper is structured around two case studies: the affective turn in social theorizing and the use of quantum mechanics in critical theory as exemplified by (...) Vicky Kirby’s use of work by Karen Barad. These are argued to be instances of broad interdisciplinary borrowing where few translators have joint expertise in both disciplines. For most, therefore, the engagement with for instance the integration between quantum mechanics and critical theory is possible only by the aid of translators. For those without sufficient interactional expertise, however, the epistemic credentials of the translations they inevitably rely upon are inscrutable. Furthermore, any comparison between translations is challenged since translations are argued to be few due to the cognitive divergence between disciplines in broad interdisciplinarity. Consequently, the epistemic integrity of broad interdisciplinarity can only be secured through additional norms of testimony for translators. The paper proposes that (a) all translator’s testimony in broad interdisciplinarity must aim to be neutral with respect to disputed issues within the relevant disciplines and (b) any deviation from (a) must be clearly highlighted. (shrink)

In this paper, I describe some strategies for teaching an introductory philosophy of science course to Science, Technology, Engineering, and Mathematics (STEM) students, with reference to my own experience teaching a philosophy of science course in the Fall of 2020. The most important strategy that I advocate is what I call the “Second Philosophy” approach, according to which instructors ought to emphasize that the problems that concern philosophers of science are not manufactured and imposed by philosophers from the outside, but (...) rather are ones that arise internally, during the practice of science itself. To justify this approach, I appeal to considerations from both educational research and the epistemology of testimony. In addition, I defend some distinctive learning goals that philosophy of science instructors ought to adopt when teaching STEM students, which include rectifying empirically well-documented shortcomings in students’ conceptions of the “scientific method” and the “nature of science.” Although my primary focus will be on teaching philosophy of science to STEM students, much of what I propose can be applied to non-philosophy majors generally. Ultimately, as I argue, a successful philosophy of science course for non-philosophy majors must be one that advances a student’s science education. The strategies that I describe and defend here are aimed at precisely that end. (shrink)

A recent Supreme Court decision, Kumho Tire Co., Ltd. v. Carmichael, may have substantial impact on psychological expert testimony. Previous criteria for admissibility of scientific expert testimony now apply broadly to expert testimony, not just testimony narrowly grounded in scientific evidence. Judges will determine the relevance and reliability of all expert testimony, including that based on clinical experience or training. Admissible testimony will either satisfy the criteria established in Daubert v. Merrell Dow (...) Pharmaceuticals, Inc. or meet similarly rigorous standards judged appropriate to the particular field involved. Because psychological testimony has varied in its evidentiary basis, sometimes relying on science and otherwise on clinical training or experience, court decisions will gradually determine the precedent for its admissibility. We also discuss long-term consequences for the credibility of psychological expert testimony and the relation between psychology and law. (shrink)

Scientific expert testimony is crucial to public deliberation, but it is associated with many pitfalls. This article identifies one—namely, expert trespassing testimony—which may be characterized, crudely, as the phenomenon of experts testifying outside their domain of expertise. My agenda is to provide a more precise characterization of this phenomenon and consider its ramifications for the role of science in society. I argue that expert trespassing testimony is both epistemically problematic and morally problematic. Specifically, I will argue (...) that scientific experts are subject to a particular obligation. Roughly, this is the obligation to qualify their assertions when speaking outside their domain of scientific expertise in certain contexts. Thus, I argue that scientists who possess expert knowledge are confronted with hard questions about when and how to testify and, therefore, that being a scientific expert comes with great responsibility. Consequently, I provide a concrete “expert guideline” according to which scientific experts, in certain contexts, face an obligation to qualify their assertions when speaking outside their domain of expertise. Furthermore, I consider a number of the conditions in which the guideline is waived or overridden. On this basis, I consider the broader aspects of the roles of scientific experts in a society with a high division of cognitive labor that calls for trust in scientific expert testimony. (shrink)

Has the history of film digitization ever been incorporated in questions of evidence and knowledge production? The digitization of thousands of films from the former Institute for Scientific Film (IWF) that is currently underway gives an occasion to think about the provenance and reuses of filmic images as well as the ways in which they claim to produce scientific (or in this case, historical) evidence. In the years between 1956 and 1960, the German Social Democrat, historian and filmmaker (...) Friedrich “Fritz” Terveen initiated a film series that used historical found film footage in order to educate university students about contemporary history. The first small series of films was entitled Airship Aviation in Germany which consisted of four short films using found footage of zeppelin flights, of which the earliest images stem from around 1904 and the latest from 1937, the moment of the “Hindenburg disaster.” This article explores how Terveen sought to shape the political landscape of history teaching in the new Federal Republic of Germany by first setting up nation-wide visual archives to host historical film documents, and secondly by seeking to improve the political education of a new generation of young Germans with the aid of the moving image. (shrink)

This essay argues that techniques for assessing testimonial credibility were well established in English legal contexts before they appeared in English natural philosophy. ‘Matters of fact’ supported by testimony referred to human actions and events before the concept was applied to natural phenomena. The article surveys English legal views about testimony and argues that the criteria for credible testimony in both legal and scientific venues were not limited to those of gentle status. Natural philosophers became concerned (...) with testimony when they shifted their attention from universal statements about nature to particular natural and experimental events. Testimony thus became important in the construction of natural and experimental histories constructed by English naturalists. The shift to a more Baconian approach to natural investigation, itself shaped in part by legal concepts and practice, made it possible for members of the Royal Society to adopt an already familiar and societally approved approach to testimony. However, the essay also suggests how the use of scientific instruments and the desire to avoid the adversarial processes of the law modified legal conditions for fact determination, and made it possible for later generations to associate the concept of fact, supported by credible testimony, with the natural rather than the human sciences.Author Keywords: Natural history; Natural philosophy; Testimony; Credibility; Science and law. (shrink)

Although there has been a lot of investigation into the influence of the network structure of scientific communities on the one hand and into testimonial norms on the other, a discussion of TNs that take the network structure into account has been lacking. In this paper, I introduce two TNs which are sensitive to the local network structure. According to these norms, scientists should give less weight to the results of well-connected colleagues, as compared to less connected ones. I (...) employ an Agent Based Model to test the reliability of the two novel TNs against different versions of conventional, structure-insensitive TNs in networks of varying size and structure. The results of the simulations show that the novel TNs are more reliable. This suggests that it would be beneficial for scientific communities if their members followed such norms. For individual scientists, I show that there are both reasons for and reasons against adopting them. (shrink)

There has always been a significant element of trust when we look at an image of something we have not seen, above all when it looks naturalistic and convincing. Illustrators often employ naturalistic tricks in the service of the “rhetoric of reality.” The case study is the Australian Duck-Billed Platypus, which stretched credibility when it was first discovered, resembling an artificially confected monster. The first scientific account, by George Shaw in T he Naturalist’s Miscellany in 1799, is a masterpiece (...) of wonder and scepticism in which he finally convinces himself and us of the reality of the strange beast. However, how many of us have seen a real one? (shrink)

The thesis of this paper is that, if it is construed individualistically, epistemic justification does not capture the conditions that philosophers of science would impose on justified belief in a scientific hypothesis. The difficulty arises from beliefs acquired through testimony. From this I derive a lesson that epistemologists generally, and epistemologists of testimony in particular, should learn from philosophers of science: we ought to repudiate epistemic individualism and move towards a more fully social epistemology.

A perennial problem in social epistemology is the problem of expert testimony, specifically expert testimony regarding scientific issues: for example, while it is important for me to know information pertaining to anthropogenic climate change, vaccine safety, Covid-19, etc., I may lack the scientific background required to determine whether the information I come across is, in fact, true. Without being able to evaluate the science itself, then, I need to find trustworthy expert testifiers to listen to. A (...) major project in social epistemology has thus become determining what the markers of trustworthiness are that laypersons can appeal to in order to identify and acquire information from expert testifiers. At the same time, the ways in which we acquire scientific information has changed significantly, with much of it nowadays being acquired in online environments. While much has been said about the potential pitfalls of seeking information online, little has been said about how the nature of seeking information online should make us think about the problem of expert testimony. Indeed, it seems to be an underlying assumption that good markers of trustworthiness apply equally well when seeking information from expert testifiers in online and offline environments alike, and that the new challenges and opportunities presented by online environments merely affects the methods by which we can acquire evidence of said trustworthiness. Here I argue that in making this assumption one risks failing to account for how unique features of the ways in which we acquire information online affect how we evaluate the trustworthiness of experts. Specifically, I argue for two main claims: first, that the nature of information-seeking online is such that the extent to which information is susceptible to manipulation is a dominant marker of trustworthiness; second, as a result, one will be more likely to seek out a particular kind of expert testifier in online environments, what I call a cooperative as opposed to preemptive expert. The result is that criteria for expert trustworthiness may look significantly different when acquiring information online as opposed to offline. (shrink)

Policymakers who seek to make scientifically informed decisions are constantly confronted by scientific uncertainty and expert disagreement. This thesis asks: how can policymakers rationally respond to expert disagreement and scientific uncertainty? This is a work of non-ideal theory, which applies formal philosophical tools developed by ideal theorists to more realistic cases of policymaking under scientific uncertainty. I start with Bayesian approaches to expert testimony and the problem of expert disagreement, arguing that two popular approaches— supra-Bayesianism and (...) the standard model of expert deference—are insufficient. I develop a novel model of expert deference and show how it can deal with many of these problems raised for them. I then turn to opinion pooling, a popular method for dealing with disagreement. I show that various theoretical motivations for pooling functions are irrelevant to realistic policymaking cases. This leads to a cautious recommendation of linear pooling. However, I then show that any pooling method relies on value judgements, that are hidden in the selection of the scoring rule. My focus then narrows to a more specific case of scientific uncertainty: multiple models of the same system. I introduce a particular case study involving hurricane models developed to support insurance decision-making. I recapitulate my analysis of opinion pooling in the context of model ensembles, confirming that my hesitations apply. This motivates a shift of perspective, to viewing the problem as a decision theoretic one. I rework a recently developed ambiguity theory, called the confidence approach, to take input from model ensembles. I show how it facilitates the resolution of the policymaker’s problem in a way that avoids the issues encountered in previous chapters. This concludes my main study of the problem of expert disagreement. In the final chapter, I turn to methodological reflection. I argue that philosophers who employ the mathematical methods of the prior chapters are modelling. Employing results from the philosophy of scientific models, I develop the theory of normative modelling. I argue that it has important methodological conclusions for the practice of formal epistemology, ruling out popular moves such as searching for counterexamples. (shrink)

ArgumentSeeing a prodigious cure happen and then testifying about it certainly differs from attending an air pump experiment in order to bear witness to it. Yet early-modern saint-making and the “new” or “experimental philosophy” shared juridical roots, and thereby an understanding of the role of testimony for the establishment of “matters of fact” and for the production of legitimate knowledge. The reforms carried out after the Council of Trent, especially during Urban VIII's pontificate, of the juridical procedures for saint-making (...) in the Catholic Church implied a new attitude towards the examination of proposed miracles. Most of these miracles were healings. While the appeal to medical expertise had long been common, and skepticism had often manifested itself regarding cures or extraordinary bodily phenomena, both were now given formal status. Miracle inquests henceforth leaned towards refuting miraculousness by means of natural explanations. The procedure was systematized in a treatise published in the 1730s by Prospero Lambertini. The combination of Lambertini's work with the canonization causes in which he acted as the “devil's advocate” in charge of disputing arguments favorable to a sainthood candidate allows for a reconstruction of the interplay between the juridical and scientific economies of saint-making, and of the role of testimony in the production of trust and evidence. (shrink)

This essay’s principal objective is to examine how, when confronted with a case of possible criminal poisoning, early nineteenth-century English toxicologists sought to generate and to represent their evidence in the courtroom. Its contention is that in both these activities toxicologists were inextricably engaged in a complex communicative exercise. On the one hand, they distanced themselves from the instabilities of language, styling themselves as testifiers to fact alone. But at the same time, they saw themselves as deeply implicated in the (...) difficulties of forging a coherent signifying system out of a disparate collection of signs that in themselves bore no intrinsic meaning. The analysis has three main components: first, to suggest why criminal poisoning featured so prominently in the burgeoning legal literature on evidence which provided the framework for expert testimony in English courts; next, to show that the scientific evidence offered by toxicologists in poisoning cases can be usefully understood as a form of language; and finally, to suggest that this recourse to signs informed the toxicologist’s encounter with another type of courtroom expert—the legal advocate—who was equally interested in manipulating signs in order to construct legally sanctioned proof.Author Keywords: Evidence; Expertise; Poisoning; Testimony; Toxicology. (shrink)

The past two decades have seen a dramatic growth in the use of statisticians and economists for the presentation of expert testimony in legal proceedings. In this paper, we describe a hypothetical case modeled on real ones and involving statistical testimony regarding the causal effect of lead on lowering the IQs of children who ingest lead paint chips. The data we use come from a well-known pioneering study on the topic and the analyses we describe as the expert (...) testimony are similar to ones that can be found in major scientific journals. The battle of the experts in this hypothetical case resembles that which many encounter as expert witnesses. The paper concludes with some observations and advice. (shrink)

The paper has two interconnected objectives. It argues that the intrinsic epistemic value of testimonies can be reduced to their moral and social values, that is, to their competent, conscientious, and honest performance. Consequently, competence, conscientiousness, and honesty are intrinsic epistemic values in science. The second objective is to offer an answer to the questions why and under what conditions a hearer can rationally accept a testimony in science. The values and subsequent norms of testimony are espoused and (...) strictly enforced by the scientific community. The norms of testimony ensure that rule-following scientists testify competently, conscientiously, and honestly. Due to value reduction, such testimonies also manifest their intrinsic epistemic value, that is, they serve as evidence for their content. So, if the norms of testimony are followed, then it is epistemically rational to adopt also the norm of the acceptance of testimonies. When the hearer accepts a testimony, he simply—and usually blindly—complies with this norm. Yet, he is epistemically rational because the norm he follows is epistemically rational, as well. (shrink)

I argue that scientific knowledge is collective knowledge, in a sense to be specified and defended. I first consider some existing proposals for construing collective knowledge and argue that they are unsatisfactory, at least for scientific knowledge as we encounter it in actual scientific practice. Then I introduce an alternative conception of collective knowledge, on which knowledge is collective if there is a strong form of mutual epistemic dependence among scientists, which makes it so that satisfaction of (...) the justification condition on knowledge ineliminably requires a collective. Next, I show how features of contemporary science support the conclusion that scientific knowledge is collective knowledge in this sense. Finally, I consider implications of my proposal and defend it against objections. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA (...) fails to meet the minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

There is a large gap between the specialized knowledge of scientists and laypeople’s understanding of the sciences. The novice-expert problem arises when non-experts are confronted with (real or apparent) scientific disagreement, and when they don’t know whom to trust. Because they are not able to gauge the content of expert testimony, they rely on imperfect heuristics to evaluate the trustworthiness of scientists. This paper investigates why some bodies of scientific knowledge become polarized along political fault lines. Laypeople (...) navigate conflicting epistemic and social demands in their acceptance of scientific testimony; this might explain their deference to scientific fringe theories, which often goes together with denying established scientific theories. I evaluate three approaches to mitigate denialism: improving the message, improving the messenger, and improving the environment in which the message is conveyed. (shrink)

While courts depend on expert opinions in reaching sound judgments, the role of the expert witness in legal proceedings is associated with a litany of problems. Perhaps most prevalent is the question of under what circumstances should testimony be admitted as expert opinion. We review the changing policies adopted by American courts in an attempt to ensure the reliability and usefulness of the scientific and technical information admitted as evidence. We argue that these admissibility criteria are best seen (...) in a dialectical context as a set of critical questions of the kind commonly used in models of argumentation. (shrink)

Testimony about the future dangerousness of a person has become a central staple of many judicial processes. In settings such as bail, sentencing, and parole decisions, in rulings about the civil confinement of the mentally ill, and in custody decisions in a context of domestic violence, the assessment of a person’s propensity towards physical or sexual violence is regarded as a deciding factor. These assessments can be based on two forms of expert testimony: actuarial or clinical. The purpose (...) of this paper is to examine the scientific and epistemological basis of both methods of prediction or risk assessment. My analysis will reveal that this kind of expert testimony is scientifically baseless. The problems I will discuss will generate a dilemma for factfinders: on the one hand, given the weak predictive abilities of the branches of science involved, they should not admit expert clinical or actuarial testimony as evidence; on the other hand, there is a very strong tradition and a vast jurisprudence that supports the continued use of this kind of expert testimony. It is a clear case of the not so uncommon conflict between science and legal tradition. (shrink)

Recent public hearings on misconduct charges belie the conjecture that due process will perforce defeat informed scientific reasoning. One notable case that reviewed an obtuse description of experimental methods displays some of the subtleties of differentiating carelessness from intent to deceive. There the decision of a studious nonscientist panel managed to reach sensible conclusions despite conflicting expert testimony. The significance of such a result may be to suggest that to curtail due process would be both objectionable and unproductive.

In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue (...) interface of argument from expert opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

Philosophers agree that scientific explanations aim to produce understanding, and that good ones succeed in this aim. But few seriously consider what understanding is, or what the cues are when we have it. If it is a psychological state or process, describing its specific nature is the job of psychological theorizing. This article examines the role of understanding in scientific explanation. It warns that the seductive, phenomenological sense of understanding is often, but mistakenly, viewed as a cue of (...) genuine understanding. The article closes with a discussion of several new paths of research that tie the psychology of scientific explanation to cognate notions of learning, testimony, and understanding. (shrink)

As part of his wider critique of the credibility of miraculous testimony, Hume also offers a rather curious argument as to the mutual detriment of conflicting testimony for the miracles of contrary religious worldviews. Scholarship on this aspect of Hume’s reasoning has debated whether or not the considerations are to be understood as essentially probabilistic, and as to whether or not a probabilistic interpretation of the argument is logically valid. The consensus would appear to offer a positive answer (...) to the first question and a negative answer to the second. In this paper I expose a deeper fallacy in Hume’s reasoning that undermines both probabilistic and non-probabilistic readings. My critique is closely based upon analogous considerations in the philosophy of science, and the equally intriguing issue as to the epistemological relevance of conflicting scientific theories throughout the history of science. (shrink)

Scientific cognition is a hard-won achievement, both from a historical point of view and a developmental point of view. Here, I review seven facets of lay cognition that run counter to, and often impede, scientific cognition: incompatible folk theories, missing ontologies, tolerance for shallow explanations, tolerance for contradictory explanations, privileging explanation over empirical data, privileging testimony over empirical data, and misconceiving the nature of science itself. Most of these facets have been investigated independent of the others, and (...) I propose directions for future research that might integrate them so as to explore potential commonalities among seemingly disparate obstacles to science learning, as well as potential strategies for bridging lay cognition and scientific cognition in the context of science education. (shrink)

Scientists, philosophers, and policymakers disagree about how to define microaggression. Here, we offer a taxonomy of existing definitions, clustering around (a) the psychological motives of perpetrators, (b) the experience of victims, and (c) the functional role of microaggression in oppressive social structures. We consider conceptual and epistemic challenges to each and suggest that progress may come from developing novel hybrid accounts of microaggression, combining empirically tractable features with sensitivity to the testimony of victims.