The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

In this book, Michael Blome-Tillmann offers a critical overview of the current debate on the semantics of knowledge attributions. The book is divided into five parts. Part 1 introduces the reader to the literature on 'knowledge' attributions by outlining the historical roots of the debate andproviding an in-depth discussion of epistemic contextualism. After examining the advantages and disadvantages of the view, Part 2 offers a detailed investigation of epistemic impurism, while Part 3 is devoted to a careful examination of (...) epistemic relativism and Part4 to two different types of strict invariantism. The final part of the book explores Presuppositional Epistemic Contextualism - a version of contextualism that is argued to provide a more powerful and elegant account of the semantics of 'knowledge' attributions thanmany of its competitors. A clear and precise account is provided of the main principles underlying each view and of how they aim to explain the pertinent data and resolve philosophical puzzles and challenges. The book also provides charts outlining the relations between the positions discussed andoffers suggestions for further reading. (shrink)

"Que sais-je? Que dois-je faire? Que m'est-il permis d'espérer? " Ainsi s'interrogeait Kant. Preuve s'il en est que les philosophes ne sont pas des êtres désincarnés. Ce sont des hommes comme nous, ayant une famille, un métier, des engagements citoyens. Dans leurs écrits, ils nous parlent de nous, de ce que nous sommes et vivons. Leurs questions sont les interrogations existentielles auxquelles nous confronte le monde postmoderne consumériste, individualiste, relativiste et nihiliste. En revisitant la philosophie moderne, cet ouvrage nous invite (...) à reprendre les trois grandes questions kantiennes. Il est urgent de penser notre existence afin de vivre avec lucidité, responsabilité et plénitude. Ce que les Grecs appelaient une vie "bonne". (shrink)

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On (...) the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness. (shrink)

This paper argues against the intuition that willpower and so called ‘tying to the mast’ strategies are fundamentally different types of mental actions to achieve self control. The argument for this surprising claim is that at least on the most plausible account of willpower an act of willpower consists in an intentional mental action that disables the mental agent and thereby creates a mental tie. The paper then defends this claim against the objection that tying to the mast strategies do (...) not have the same phenomenology as real willpower and that they do not preserve reason responsiveness. (shrink)

Knowledge and Presuppositions develops a novel account of epistemic contextualism based on the idea that pragmatic presuppositions play a central role in the semantics of knowledge attributions. According to Blome-Tillmann, knowledge attributions are sensitive to what is pragmatically presupposed at the context of ascription. The resulting theory--Presuppositional Epistemic Contextualism (PEC)--is simple and straightforward, yet powerful enough to have far-reaching and important consequences for a variety of hotly debated issues in epistemology and philosophy of language. -/- In this book, Blome- (...) class='Hi'>Tillmann first develops Presuppositional Epistemic Contextualism and then explores its ability to resolve various sceptical paradoxes and puzzles. Blome-Tillmann also defends PEC against familiar and widely discussed philosophical and linguistic objections to contextualism. In the final chapters of the book PEC is employed to illuminate a variety of concerns central to contemporary discussions of epistemological issues, such as Gettier cases, Moorean reasoning, the nature of evidence, and other current problems and puzzles. (shrink)

Prave Nordano asertas ke planlingvo povas sukcesi nur, se ekzistas sociologia bazo por tia lingvo. Li opinias ke por tutmonda planlingvo tiu bazo mankas. Ekzistas tamen sociologia komunumo en Eŭropo, sed al tiu Eŭropo apartenas nek Britujo nek Ruslando. Oni do povas krei planlingvon sukcesan nur surbase de tiu limigita Eŭropo. Nordano skizas tian tuteŭropan lingvon klarigante la gvidajn principojn. La teoria fundamento de Nordano estas falsa, čar ankaŭ la angloj kaj amerikanoj apartenas al lo okcidenteŭropa komunumo. Krome li projektas (...) lingvon kiu estas pli latina ol eŭropa. Nordano atakas la principojn de Esperanto, sed tamen parte mem aplikas ilin. (shrink)

A long-standing position in philosophy, law, and theology is that a person can be held morally responsible for an action only if they had the freedom to choose and to act otherwise. Thus, many philosophers consider freedom to be a necessary condition for moral responsibility. However, empirical findings suggest that this assumption might not be in line with common sense thinking. For example, in a recent study we used surveys to show that – counter to positions held by many philosophers (...) – lay people consider actions to be free when they are spontaneous rather than being based on reasons. In contrast, responsibility is often considered to require that someone has thought about the alternative options. In this study we use an online survey to directly test to which degree lay judgements of freedom and responsibility match. Specifically, we test whether manipulations of deliberation affect freedom and responsibility judgements in the same way. Furthermore, we also test the dependency of these judgements on a person’s belief that their decision had consequences for their personal life. We find that people are generally considered to be more responsible for their actions than they are considered free, across most of the conditions tested. Furthermore, we found that deliberation had an opposite effect on freedom and responsibility judgements. People were considered more free when they acted spontaneously, whereas they were considered more responsible when they deliberated about their actions. These results seem to suggest that deliberating about reasons is crucially important for the lay concept of responsibility, while it is not obviously …. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

The present paper argues that when thematic roles are restricted to judgments about causal properties of events, it falls short of accounting for cases where thematic roles reflect judgments about dispositional properties of objects. I develop my argument with a case study on a class of verbs that have been called ‘Emission Verbs’ and which are difficult to bring in line with the unaccusativity hypothesis put forward by Perlmutter. Reviewing two diametrically opposed accounts of Emission Verbs in the literature, I (...) show that the thematic-semantic relation between the events described by Emission Verbs and their single arguments cannot be characterized unambiguously in terms of causal properties of events but pertains to dispositional properties residing in the emitter argument. The paper develops a lexical-semantic analysis of Emission Verbs according to which the event described by an Emission Verb is the manifestation of the dispositional property of the emitter argument when appropriate external circumstances obtain. The paper concludes by outlining how the proposed dispositional analysis of Emission Verbs may inform the analysis of the causative alternation. (shrink)

Epistemic agency is a crucial concept in many different areas of philosophy and the cognitive sciences. It is crucial in dual process theories of cognition as well as theories of metacognition and mindreading, self-control, and moral agency. But what is epistemic agency? The Tinkering Mind argues that epistemic agency has two distinct and incompatible definitions. It can be simply understood as intentional mental action, or as a distinct non-voluntary form of evaluative agency. The core argument of the book demonstrates that (...) both definitions lead to surprising and counterintuitive consequences. If epistemic agency is a form of intentional action, then this implies that the radical theory of extended cognition has to be true. If, on the other hand, epistemic agency is not intentional action but evaluative agency, then intentional epistemic actions like deliberation are not truly cognitive but merely catalytic. Once established, the distinction between these two options sheds new light on various and diverse philosophical and psychological debates from dual process theories to debates on choice and self-control. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

The paper explicates a new way to model the context-sensitivity of 'knows', namely a way that suggests a close connection between the content of 'knows' in a context C and what is pragmatically presupposed in C. After explicating my new approach in the first half of the paper and arguing that it is explanatorily superior to standard accounts of epistemic contextualism, the paper points, in its second half, to some interesting new features of the emerging account, such as its compatibility (...) with the intuitions of Moorean dogmatists. Finally, the paper shows that the account defended is not subject to the most prominent and familiar philosophical objections to epistemic contextualism discussed in the recent literature. (shrink)

Humans seem special, because they are able to think about thinking (to make their mentality the object of their thoughts). In this paper I distinguish two very different ways in which thinking about thinking could be understood and which role these understandings play in the control of the mind. I argue on the one hand that language enables humans to express and attend to the content of their thoughts. This is an incredibly powerful tool which allows for the intentional manipulation (...) of content. On the other hand, however, this form of thinking about thinking does not require the agent to understand mental states as states and because of that it does not allow for the intentional targeting of the states. Only a second and metarepresentation based form of thinking about thinking allows for this control. the rest of the paper then discusses the possible function of the intentional control of the mind in future directed self control. (shrink)

In the wake of Clark and Chalmers famous argument for extended cognition some people have argued that willpower equally can extend into the environment (e.g. Heath and Anderson in The thief of time: philosophical essays on procrastination. Oxford University Press, New York, pp 233–252, 2010). In a recent paper Fabio Paglieri (Consciousness in interaction: the role of the natural and social context in shaping consciousness. John Benjamins, Amsterdam, pp 179–206, 2012) provides an interesting argument to the effect that there might (...) well be extended self control, but that willpower does not lend itself to extension. This paper argues that Paglieri is right in claiming that previous attempts to extend the will are flawed. It then provides an argument for extending the will that does not fall foul of Paglieri’s argument and actually provides us with an even stronger case for extension than the one that Clark and Chalmers provide for cognition. (shrink)

A number of prominent epistemologists claim that the principle of sensitivity “play[s] a starring role in the solution to some important epistemological problems”. I argue that traditional sensitivity accounts fail to explain even the most basic data that are usually considered to constitute their primary motivation. To establish this result I develop Gettier and lottery cases involving necessary truths. Since beliefs in necessary truths are sensitive by default, the resulting cases give rise to a serious explanatory problem for the defenders (...) of sensitivity accounts. It is furthermore argued that attempts to modally strengthen traditional sensitivity accounts to avoid the problem must appeal to a notion of safety—the primary competitor of sensitivity in the literature. The paper concludes that the explanatory virtues of sensitivity accounts are largely illusory. In the framework of modal epistemology, it is safety rather than sensitivity that does the heavy explanatory lifting with respect to Gettier cases, lottery examples, and other pertinent cases. (shrink)

In recent work on the semantics of ‘knowledge’-attributions, a variety of accounts have been proposed that aim to explain the data about speaker intuitions in familiar cases such as DeRose’s Bank Case or Cohen’s Airport Case by means of pragmatic mechanisms, notably Gricean implicatures. This paper argues that pragmatic explanations of the data regarding ‘knowledge’-attributions are unsuccessful and concludes that in explaining those data we have to resort to accounts that (a) take those data at their semantic face value (Epistemic (...) Contextualism, Subject-Sensitive Invariantism or Epistemic Relativism), or (b) reject them on psychological grounds (Moderate Insensitive Invariantism). To establish this conclusion, the paper relies solely upon widely accepted assumptions about pragmatic theory, broadly construed, and on the Stalnakerian insight that linguistic communication takes place against the backdrop of a set of mutually accepted propositions: a conversation’s common ground. (shrink)

Intuitively, choices seem to be intentional actions but it is difficult to see how they could be. If our choices are all about weighing up reasons then there seems no room for an additional intentional act of choice. Richard Holton has suggested a solution to this puzzle, which involves thinking of choices in a two systems of cognition framework. Holton’s suggestion does solve the puzzle, but has some unsatisfactory consequences. This paper wants to take over the important insights from Holton (...) on the phenomenology of choice and the possible explanation via a two systems framework, but wants to suggest an alternative more satisfactory account. This account is built around the idea that choices are what Pamela Hieronymi calls managerial acts. After developing the claim the paper then defends it against the objection that managerial control cannot be understood in a system1 context, by examining recent research on uncertainty monitoring and early forms of metacognition. (shrink)

Understanding and controlling our minds is one of the most fascinating features of human cognition. It has often been assumed that this ability requires a theoretical understanding of psychological states. This assumption has recently been put under pressure by so called mindshaping approaches. We agree that these approaches provide us with a new way of self-understanding and that they enable a very powerful form of self-regulation which we label narrative control. However, we insist that there still is a crucial role (...) for a theoretical understanding of psychological states in human cognition. We argue that this is because a theoretical understanding is necessary for all intentional control of the mind. Keywords: mindreading; mindshaping; narrative control; manipulative control; folk psychology. (shrink)

Stewart Cohen’s New Evil Demon argument raises familiar and widely discussed concerns for reliabilist accounts of epistemic justification. A now standard response to this argument, initiated by Alvin Goldman and Ernest Sosa, involves distinguishing different notions of justification. Juan Comesaña has recently and prominently claimed that his Indexical Reliabilism (IR) offers a novel solution in this tradition. We argue, however, that Comesaña’s proposal suffers serious difficulties from the perspective of the philosophy of language. More specifically, we show that the two (...) readings of sentences involving the word ‘justified’ which are required for Comesaña’s solution to the problem are not recoverable within the two-dimensional framework of Robert Stalnaker to which he appeals. We then consider, and reject, an attempt to overcome this difficulty by appeal to a complication of the theory involving counterfactuals, and conclude the paper by sketching our own preferred solution to Cohen’s New Evil Demon. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor resolve the pertinent (...) paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

Epistemic contextualism—the view that the content of the predicate ‘know’ can change with the context of utterance—has fallen into considerable disrepute recently. Many theorists have raised doubts as to whether ‘know’ is context-sensitive, typically basing their arguments on data suggesting that ‘know’ behaves semantically and syntactically in a way quite different from recognised indexicals such as ‘I’ and ‘here’ or ‘flat’ and ‘empty’. This paper takes a closer look at three pertinent objections of this kind, viz. at what I call (...) the Error-Theory Objection, the Gradability Objection and the Clarification-Technique Objection. The paper concludes that none of these objections can provide decisive evidence against contextualism. (shrink)

Safety principles in epistemology are often hailed as providing us with an explanation of why we fail to have knowledge in Gettier cases and lottery examples, while at the same time allowing for the fact that we know the negations of sceptical hypotheses. In a recent paper, Sinhababu and Williams have produced an example—the Backward Clock—that is meant to spell trouble for safety accounts of knowledge. I argue that the Backward Clock case is, in fact, unproblematic for the more sophisticated (...) formulations of safety in the literature. However, I then proceed to construct two novel examples that turn out problematic for those formulations—one that provides us with a lottery-style case of safe ignorance and one that is a straightforward case of unsafe knowledge. If these examples succeed, then safety as it is usually conceived in the current debate cannot account for ignorance in all Gettier and lottery-style cases, and neither is it a necessary condition for knowledge. I conclude from these troublesome examples that modal epistemologists ought to embrace a much more simple and non-reductive version of safety, according to which the notion of similarity between possible worlds that determines in which worlds the subject must believe truly is an epistemic notion that cannot be defined or reduced to notions independent of knowledge. The resulting view is shown to also lead to desirable results with respect to lottery cases, certain quantum phenomena, and a puzzling case involving a cautious brain-in-a-vat. (shrink)

It is commonly assumed in the philosophical literature that in order to acquire an intention, the agent has to settle a question of what to do in practical deliberation. Carruthers, P. has recently used this to argue that the acquisition of intentions can never be conscious even in cases where the agent asserts having the intention in inner speech. Because of that Carruthers also believes that knowledge of intentions even in first person cases is observational. This paper explores the challenge (...) Carruthers’ argument throws up for accounts that also rely on the notion of settling a question for intention acquisition, but who also want to maintain at the same time that knowledge of intentions in the first person case is not observational. (shrink)

Jason Stanley has argued recently that Epistemic Contextualism (EC) and Subject‐Sensitive Invariantism (SSI) are explanatorily on a par with regard to certain data arising from modal and temporal embeddings of ‘knowledge’‐ascriptions. This paper argues against Stanley that EC has a clear advantage over SSI in the discussed field and introduces a new type of linguistic datum strongly suggesting the falsity of SSI.

With the development and increasing use of diverse public involvement methods over the past decade, formal technology assessment has shifted from a largely closed, intrainstitutional tool of policy analysis and advice to a tool for the social assessment of scientific-technological issues at the interface between politics and public discourse. Through citizens’ conferences, scenario workshops, and consensus conferences, technology assessment has effectively been opened up to the public sphere: Citizens and interest group representatives are drawn into the process of assessing scientific (...) and technological issues alongside experts, the process often takes place in public, and its outcomes are made widely available for information and debate. This article analyzes the public involvement agenda in technology assessment from the conceptual perspective of the “public sphere.” It discusses key features of public sphere–oriented technology assessment, including public access, actor involvement, and deliberation. And it considers the implications of the public sphere dimension for future developments in participatory technology assessment. (shrink)

Research in psychology clearly shows that implicit biases contribute significantly to our behaviour. What is less clear, however, is whether we are responsible for our implicit biases in the same way that we are responsible for our explicit beliefs. Neil Levy has argued recently that explicit beliefs are special with regard to the responsibility we have for them, because they unify the agent. In this paper we point out multiple ways in which implicit biases also unify the agent. We then (...) examine Levy’s claim that the assertibility of explicit beliefs means that they have a unique way of unifying the agent by being available for syntactical operations. We accept that syntactical operations are important, but worry that they are less straightforwardly connected to the unification of agents than Levy claims. (shrink)

Epistemic contextualism is widely believed to be incompatible with the recently popular view that knowledge is the norm of assertion, practical reasoning, or belief. I argue in this article that the problems arising for contextualism from the mentioned normative views are only apparent and can be resolved by acknowledging the fairly widespread phenomenon of non-obvious context-sensitivity (recently embraced by even some of contextualism's most ardent former critics). Building on recent insights about non-obvious context-sensitivity, the article outlines an independently attractive contextualist (...) account of the mentioned epistemic norms and provides a solution to the puzzles they give rise to in a contextualist framework. (shrink)

This article addresses and resolves an epistemological puzzle that has attracted much attention in the recent literature—namely, the puzzle arising from Moorean anti-sceptical reasoning and the phenomenon of transmission failure. The paper argues that an appealing account of Moorean reasoning can be given by distinguishing carefully between two subtly different ways of thinking about justification and evidence. Once the respective distinctions are in place we have a simple and straightforward way to model both the Wrightean position of transmission failure and (...) the Moorean position of dogmatism. The approach developed in this article is, accordingly, ecumenical in that it allows us to embrace two positions that are widely considered to be incompatible. The paper further argues that the Moorean Puzzle can be resolved by noting the relevant distinctions and our insensitivity towards them: once we carefully tease apart the different senses of ‘justified’ and ‘evidence’ involved, the bewilderment caused by Moore’s anti-sceptical strategy subsides. (shrink)

In this chapter, I produce counterexamples to Presuppositional Epistemic Contextualism (PEC), a view about the semantics of ‘knowledge’-ascriptions that I have argued for elsewhere. According to PEC, the semantic content of the predicate ‘know’ at a context C is partly determined by the speakers’ pragmatic presuppositions at C. The problem for the view that I shall be concerned with here arises from the fact that pragmatic presuppositions are sometimes known to be true by the speakers who make them: hence the (...) Problem of Known Presuppositions. After discussing several unsuccessful ways to solve the problem, I propose the addition of a new Lewisian rule of proper ignoring to the semantics of PEC--namely, the Rule of Evidence-Based Ignoring. If the proposed account succeeds, the Problem of Known Presuppositions has a straightforward solution within the framework of PEC. (shrink)

Holding content explicitly requires a form of self knowledge. But what does the relevant self knowledge look like? Using theory of mind as an example, this paper argues that the correct answer to this question will have to take into account the crucial role of language based deliberation, but warns against the standard assumption that explicitness is necessary for ascribing awareness. It argues in line with Bayne that intentional action is at least an equally valid criterion for awareness. This leads (...) to a distinction between different levels of implicitness. Postulating these different levels, it is argued, allows us to make better sense of the empirical literature on early false belief task abilities. (shrink)

The paper discusses approaches to Epistemic Contextualism that model the satisfaction of the predicate ‘know’ in a given context C in terms of the notion of belief/fact-matching throughout a contextually specified similarity sphere of worlds that is centred on actuality. The paper offers three counterexamples to approaches of this type and argues that they lead to insurmountable difficulties. I conclude that what contextualists (and Subject-Sensitive Invariantists) have traditionally called the ‘epistemic standards’ of a given context C cannot be explicated in (...) terms of a contextually specified similarity sphere that is centred on actuality. The mentioned accounts of epistemic relevance and thus the corresponding accounts of the context-sensitivity (or subject-sensitivity) of ‘knows’ are to be rejected. (shrink)