Results for 'testimonial evidence'

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  1.  86
    Witness testimony evidence: argumentation, artificial intelligence, and law.Douglas N. Walton - 2008 - New York: Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...)
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  2. Testimony, evidence and interpersonal reasons.Nick Leonard - 2016 - Philosophical Studies 173 (9):2333-2352.
    According to the Interpersonal View of Testimony, testimonial justification is non-evidential in nature. I begin by arguing that the IVT has the following problem: If the IVT is true, then young children and people with autism cannot participate in testimonial exchanges; but young children and people with autism can participate in testimonial exchanges; thus, the IVT should be rejected on the grounds that it has over-cognized what it takes to give and receive testimony. Afterwards, I consider what (...)
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  3. Witness Testimony Evidence: Argumentation and the Law.Douglas Walton - 2007 - Cambridge University Press.
    Recent work in artificial intelligence has increasingly turned to argumentation as a rich, interdisciplinary area of research that can provide new methods related to evidence and reasoning in the area of law. Douglas Walton provides an introduction to basic concepts, tools and methods in argumentation theory and artificial intelligence as applied to the analysis and evaluation of witness testimony. He shows how witness testimony is by its nature inherently fallible and sometimes subject to disastrous failures. At the same time (...)
     
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  4.  44
    Testimonial evidence.James F. Ross - 1975 - In Keith Lehrer (ed.), Analysis and Metaphysics. Springer. pp. 35-55.
    Knowledge through what others tell us not only forms a large part of the body of our knowledge but also originates the patterns of appraisal according to which we add beliefs to our present store of knowledge.1 I do not mean merely that what we add is often accepted from persons who have already contributed to our knowledge; beyond that, we have acquired habits of thought, tendencies to suspect and tendencies to approve both other-person-reports and purported perceptions, from our (...) relationships with others. For instance, who would not hesitate to say he saw a particular acquaintance (John Doe) at a visual distance of half a block, after he had just been told by someone he trusted and someone who ought to have known (e.g., John Doe’s wife) that John Doe had just telephoned from a store two hours travel time away? Yet apart from that report, one might have considered it evident that John Doe was half a block away, just because (ceteris paribus) it looked enough like John Doe; the evidence of our senses can be defeated by the authority we accord to the evidence of testimony. (shrink)
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  5. Testimony: Evidence and Responsibility.Matthew Carl Weiner - 2003 - Dissertation, University of Pittsburgh
    Testimony is an indispensable way of gaining knowledge and also a voluntary act for which the teller can be held responsible. This dissertation analyzes these two aspects of testimony, the epistemological and the normative. Indeed, it argues that these two aspects cannot be separated: A satisfactory account of testimony's epistemology must allow for testimony's normative status, while an account of testimony's normative status can be derived from testimony's epistemology. ;Epistemologically, the general reliability of testimony should be treated differently from the (...)
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  6.  88
    Testimony, Evidence, and Wisdom in Today’s Philosophy of Religion.Charles Taliaferro & Elizabeth Duel - 2011 - Teaching Philosophy 34 (2):105-118.
    In philosophy of religion, when, if ever, is it better to philosophically engage one another as advocates of competing religions (or secular naturalism) as opposed to conducting a more detached philosophical investigation of each other’s actual religious convictions? We offer a narrative overview of a philosophy of religion seminar we participated in, highlighting questions about the possibility of even understanding persons of different religions and considering when, if ever, one’s own religious convictions should be put on exhibit in teaching philosophy (...)
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  7.  19
    Private talk: Testimony, evidence, and the practice of anonymization in research.Suze G. Berkhout - 2013 - International Journal of Feminist Approaches to Bioethics 6 (1):19-45.
    Anonymity is accepted as necessary for the generation of empirical knowledge concerning human research participants, especially for members of “vulnerable” groups. In particular, anonymity has been given a role in easing the challenges of giving voice to experiences that disrupt familiar and convenient paradigms of knowledge. This paper troubles such a notion, on the grounds that anonymity may undermine the acceptance of such experiences as evidence and reinforce the kind of epistemic politics that treats some assertions as incontrovertible, while (...)
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  8. Private Talk: Testimony, Evidence, and the Practice Of Anonymization in Research.Suze G. Berkhout - 2013 - International Journal of Feminist Approaches to Bioethics 6 (1):19-45.
    "Your confidentiality will be respected. Information that discloses your identity will not be released without your consent unless required by law or regulation." I sat there with Missy, reading the consent form line by line. When I got to the section on confidentiality, I told her she could pick a nickname, or fake name, that I would use in my research notes and later when the research was written up. She wanted to use "Missy." It wasn't exactly a pseudonym—this was (...)
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  9.  10
    Impact of testimonial evidence as a function of witness characteristics.Luis T. Garcia & William Griffitt - 1978 - Bulletin of the Psychonomic Society 11 (1):37-40.
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  10.  83
    Evidence of evidence and testimonial reductionism.William D. Rowley - 2012 - Episteme 9 (4):377-391.
    An objection to reductionism in the epistemology of testimony that is often repeated but rarely defended in detail is that there is not enough positive evidence to provide the non-testimonial, positive reasons reductionism requires. Thus, on pain of testimonial skepticism, reductionism must be rejected. Call this argument the ‘Not Enough Evidence Objection’. I will defend reductionism about testimonial evidence against the NEEO by arguing that we typically have non-testimonial positive reasons in the form (...)
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  11. Moral Testimony as Higher Order Evidence.Marcus Lee, Jon Robson & Neil Sinclair - 2021 - In Michael Klenk (ed.), Higher-Order Evidence and Moral Epistemology. Routledge.
    Are the circumstances in which moral testimony serves as evidence that our judgement-forming processes are unreliable the same circumstances in which mundane testimony serves as evidence that our mundane judgement-forming processes are unreliable? In answering this question, we distinguish two possible roles for testimony: (i) providing a legitimate basis for a judgement, (ii) providing (‘higher-order’) evidence that a judgement-forming process is unreliable. We explore the possibilities for a view according to which moral testimony does not, in contrast (...)
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  12. Evidence and Testimony: Philip Henry Gosse and the Omphalos Theory.Peter Caws - 1962 - In Harold Orel & George J. Worth (eds.), Six Studies in Nineteenth-Century English Literature and Thought. University of Kansas Publications. pp. 69-90.
  13.  25
    Review of Douglas Walton, Witness Testimony Evidence: Argumentation, Artificial Intelligence, and Law[REVIEW]Michael S. Pardo - 2008 - Notre Dame Philosophical Reviews 2008 (11).
  14. Evidence in testimony and tradition.Purushottama Bilimoria - 1991 - Journal of the Indian Council of Philosophical Research 9:73-84.
     
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  15. Testimony as Evidence.Sanford C. Goldberg - 2006 - Philosophica 78 (2).
    Regarding testimony as evidence fails to predict the sort of epistemic support testimony provides for testimonial belief. As a result, testimony-based belief should not be assimilated into the category of epistemically inferential, evidence-based belief.
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  16.  82
    Evidence, testimony, and the problem of individualism — a response to Schmitt.John Hardwig - 1988 - Social Epistemology 2 (4):309 – 321.
  17.  99
    Testimony as Evidence: More Problems for Linear Pooling. [REVIEW]Katie Steele - 2012 - Journal of Philosophical Logic 41 (6):983-999.
    This paper considers a special case of belief updating—when an agent learns testimonial data, or in other words, the beliefs of others on some issue. The interest in this case is twofold: (1) the linear averaging method for updating on testimony is somewhat popular in epistemology circles, and it is important to assess its normative acceptability, and (2) this facilitates a more general investigation of what it means/requires for an updating method to have a suitable Bayesian representation (taken here (...)
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  18.  30
    Testing testimony: toxicology and the law of evidence in early nineteenth-century England.Ian A. Burney - 2002 - Studies in History and Philosophy of Science Part A 33 (2):289-314.
    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 (...)
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  19.  31
    Testimony and evidence: A rebuttal.Frederick Schmitt - 1988 - Social Epistemology 2 (4):323 – 326.
  20.  27
    Testimony and observation of statistical evidence interact in adults' and children's category-based induction.Zoe Finiasz, Susan A. Gelman & Tamar Kushnir - 2024 - Cognition 244 (C):105707.
  21.  8
    Evidence: appellate court dismisses expert testimony under Daubert standard.N. Jerabek - 1997 - Journal of Law, Medicine and Ethics 25 (1):73.
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  22. Testimony and evidence.Nick Leonard - 2019 - In Maria Lasonen-Aarnio & Clayton Littlejohn (eds.), The Routledge Handbook of the Philosophy of Evidence. Routledge.
     
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  23.  14
    Evidence: Oregon court excludes expert testimony in breast implant litigation.R. W. Gifford - 1997 - Journal of Law, Medicine and Ethics 25 (2-3):221.
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  24.  56
    Beliefs and Testimony as Social Evidence: Epistemic Egoism, Epistemic Universalism, and Common Consent Arguments.Joshua Rollins - 2015 - Philosophy Compass 10 (1):78-90.
    Until recently, epistemology was largely caught in the grips of an epistemically unrealistic radical epistemological individualism on which the beliefs and testimony of others were of virtually no epistemic significance. Thankfully, epistemologists have bucked the individualist trend, acknowledging that one person's belief or testimony that P might offer another person prima facie epistemic reasons – or social evidence as I call it – to believe P. In this paper, I discuss the possibility and conditions under which beliefs and testimony (...)
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  25. On the evidence of testimony for miracles: A bayesian interpretation of David Hume's analysis.Jordan Howard Sobel - 1987 - Philosophical Quarterly 37 (147):166-186.
    A BAYESIAN ARTICULATION OF HUME’S VIEWS IS OFFERED BASED ON A FORM OF THE BAYES-LAPLACE THEOREM THAT IS SUPERFICIALLY LIKE A FORMULA OF CONDORCET’S. INFINITESIMAL PROBABILITIES ARE EMPLOYED FOR MIRACLES AGAINST WHICH THERE ARE ’PROOFS’ THAT ARE NOT OPPOSED BY ’PROOFS’. OBJECTIONS MADE BY RICHARD PRICE ARE DEALT WITH, AND RECENT EXPERIMENTS CONDUCTED BY AMOS TVERSKY AND DANIEL KAHNEMAN ARE CONSIDERED IN WHICH PERSONS TEND TO DISCOUNT PRIOR IMPROBABILITIES WHEN ASSESSING REPORTS OF WITNESSES.
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  26.  9
    What’s Your Evidence? The Psychological Foundations of the Evaluation of Testimony.Mélinda Pozzi & Diana Mazzarella - 2023 - Ars Interpretandi 28 (Testimony and law):113-128.
    Given the risks of misinformation, addressees need to calibrate their trust towards communicators effectively. One way to do this is to evaluate the evidence speakers rely on (their evidential warrant) or claim to have (their evidential claims) when providing testimony. We review key findings in experimental psychology and experimental pragmatics to uncover the mechanisms underlying this form of trust calibration. This will ultimately shed light on the psychological foundations of principles that guide the evaluation of testimony in legal contexts, (...)
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  27.  40
    Expert statistical testimony and epidemiological evidence: The toxic effects of lead exposure on children.Richard Scheines - unknown
    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 (...)
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  28. On the Evidence of Testimony for Miracles: A Bayesian Interpretation. Sobel - 1987 - Philosophical Quarterly 37:166-186.
  29. Testimonial Knowledge and Context-Sensitivity: a New Diagnosis of the Threat.Alex Davies - 2019 - Acta Analytica 34 (1):53-69.
    Epistemologists typically assume that the acquisition of knowledge from testimony is not threatened at the stage at which audiences interpret what proposition a speaker has asserted. Attention is instead typically paid to the epistemic status of a belief formed on the basis of testimony that it is assumed has the same content as the speaker’s assertion. Andrew Peet has pioneered an account of how linguistic context sensitivity can threaten the assumption. His account locates the threat in contexts in which an (...)
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  30. Testimony and Observation.C. A. J. Coady - 1973 - American Philosophical Quarterly 10 (2):149-155.
  31.  81
    Argument from Expert Opinion as Legal Evidence: Critical Questions and Admissibility Criteria of Expert Testimony in the American Legal System.David M. Godden & Douglas Walton - 2006 - Ratio Juris 19 (3):261-286.
    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 (...)
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  32.  9
    Religious Belief and Evidence from Testimony.John Greco - 2011 - In Dariusz Łukasiewicz & Roger Pouivet (eds.), The Right to Believe: Perspectives in Religious Epistemology. De Gruyter. pp. 27-46.
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  33. Is Memory Merely Testimony from One's Former Self?David James Barnett - 2015 - Philosophical Review 124 (3):353-392.
    A natural view of testimony holds that a source's statements provide one with evidence about what the source believes, which in turn provides one with evidence about what is true. But some theorists have gone further and developed a broadly analogous view of memory. According to this view, which this essay calls the “diary model,” one's memory ordinarily serves as a means for one's present self to gain evidence about one's past judgments, and in turn about the (...)
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  34.  12
    Anthony Collins i jego pierwsza rozprawa (An Essay Concerning the Use of Reason in Propositions, The Evidence whereof depends upon Human Testimony).Przemysław Spryszak - 2024 - Ruch Filozoficzny 79 (2):51-79.
    Przedmiotem niniejszej pracy jest analiza rozprawki An Essay Concerning the Use of Reason in Propositions, The Evidence whereof depends upon Human Testimony (Londyn 1707, II wyd. 1709) brytyjskiego filozofa Anthony’ego Collinsa (1676-1729). Analiza ta prowadzi do odkrycia trudności bronionego w niej stanowiska, polegających na niejasności użytej terminologii, niejednoznaczności tezy głównej, zgodnie z którą warunkiem koniecznym uznania twierdzenia jest jego zgodność z rozumem, oraz niewystarczalności jej podanego w Eseju uzasadnienia. Zarysowano również kontekst filozoficzny i historyczny tego rzadko analizowanego dzieła.
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  35. Eyewitness testimony and epistemic agency.Jennifer Lackey - 2022 - Noûs 56 (3):696-715.
    Eyewitness testimony is a powerful form of evidence, and this is especially true in the United States criminal legal system. At the same time, eyewitness misidentification is the greatest contributing factor to wrongful convictions proven by DNA testing. In this paper, I offer a close examination of this tension between the enormous epistemic weight that eyewitness testimony is afforded in the United States criminal legal system and the fact that there are important questions about its reliability as a source (...)
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  36. An Essay Concerning the Use of Reason in Propositions, the Evidence Whereof Depends Upon Human Testimony.Anthony Collins - 1709 - [S.N.].
  37.  33
    Is there any Indication for Ethics Evidence? An Argument for the Admissibility of some Expert Bioethics Testimony.Lawrence J. Nelson - 2005 - Journal of Law, Medicine and Ethics 33 (2):248-263.
    Professor Imwinkelried is surely right: the propriety of bioethicists serving as expert witnesses in litigation is problematic, and, I would add, it should remain problematic. Such testimony most certainly does not belong everywhere it will be offered by lawyers and litigants in an effort to advance their interests. Yet in contrast to some commentators, Imwinkelried and I both see a place for bioethicists serving as expert witnesses, although we differ significantly on how to understand and justify this place. In any (...)
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  38.  18
    Is There Any Indication for Ethics Evidence? An Argument for the Admissibility of Some Expert Bioethics Testimony.Lawrence J. Nelson - 2005 - Journal of Law, Medicine and Ethics 33 (2):248-263.
    Professor Imwinkelried is surely right: the propriety of bioethicists serving as expert witnesses in litigation is problematic, and, I would add, it should remain problematic. Such testimony most certainly does not belong everywhere it will be offered by lawyers and litigants in an effort to advance their interests. Yet in contrast to some commentators, Imwinkelried and I both see a place for bioethicists serving as expert witnesses, although we differ significantly on how to understand and justify this place. In any (...)
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  39.  46
    Typing testimony.Peter J. Graham - 2021 - Synthese 199 (3-4):9463-9477.
    This paper argues that as a name for a speech act, epistemologists typically use ‘testimony’ in a specialist sense that is more or less synonymous with ‘assertion’, but as a name for a distinctive speech act type in ordinary English, ‘testimony’ names a unique confirmative speech act type. Hence, like any good English word, ‘testimony’ has more than one sense. The paper then addresses the use of ‘testimony’ in epistemology to denote a distinctive kind of evidence: testimonial (...). Standing views of a hearer’s testimonial evidence see it as partly supervening on a speaker’s assertion that P. The paper argues for a broader account that sees a hearer’s testimonial evidence as partly supervening instead on the hearer’s representation as of a speaker meaning that P. This broader account is the comprehension view of testimonial evidence. The upshot is that not all so-called “testimony-based beliefs” are caused by a speaker’s testimony. (shrink)
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  40.  32
    Testimony and intellectual virtues in Hume’s epistemology.Ruth M. Espinosa - 2019 - Trans/Form/Ação 42 (4):29-46.
    : In this paper, I consider some issues concerning Hume’s epistemology of testimony. I’ll particularly focus on the accusation of reductivism and individualism brought by scholars against Hume’s view on testimonial evidence, based on the tenth section of his An enquiry concerning human understanding. I first explain the arguments against Hume’s position, and address some replies in the literature in order to offer an alternative interpretation concerning the way such a defense should go. My strategy is closely connected (...)
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  41. Testimony and the transmission of religious knowledge.John Greco - 2017 - Epistemology and Philosophy of Science 53 (3):19-47.
    This paper advocates for a “social turn" in religious epistemology. Part One reviews some familiar skeptical arguments targeting religious belief (the argument from luck, the argument from peer disagreement, Hume's argument). All these skeptical arguments say that testimonial evidence cannot give religious belief adequate support or grounding, especially in the context of conflicting evidence. Part Two considers some recent work in social epistemology and the epistemology of testimony. Several issues regarding the nature of testimonial evidence (...)
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  42. Testimony, Credibility, and Explanatory Coherence.Paul Thagard - 2005 - Erkenntnis 63 (3):295-316.
    This paper develops a descriptive and normative account of how people respond to testimony. It postulates a default pathway in which people more or less automatically respond to a claim by accepting it, as long as the claim made is consistent with their beliefs and the source is credible. Otherwise, people enter a reflective pathway in which they evaluate the claim based on its explanatory coherence with everything else they believe. Computer simulations show how explanatory coherence can be maximized in (...)
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  43. Testimony, memory and the limits of the a priori.David Christensen & Hilary Kornblith - 1997 - Philosophical Studies 86 (1):1-20.
    A number of philosophers, from Thomas Reid1 through C. A. J. Coady2, have argued that one is justified in relying on the testimony of others, and furthermore, that this should be taken as a basic epistemic presumption. If such a general presumption were not ultimately dependent on evidence for the reliability of other people, the ground for this presumption would be a priori. Such a presumption would then have a status like that which Roderick Chisholm claims for the epistemic (...)
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  44. Trust, Testimony, and Reasons for Belief.Rebecca Wallbank & Andrew Reisner - 2020 - In Kevin McCain & Scott Stapleford (eds.), Epistemic Duties: New Arguments, New Angles. Routledge.
    This chapter explores two kinds of testimonial trust, what we call ‘evidential trust’ and ‘non-evidential trust’ with the aim of asking how testimonial trust could provide epistemic reasons for belief. We argue that neither evidential nor non-evidential trust can play a distinctive role in providing evidential reasons for belief, but we tentatively propose that non-evidential trust can in some circumstances provide a novel kind of epistemic reason for belief, a reason of epistemic facilitation. The chapter begins with an (...)
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  45.  96
    Accepting Testimony.Matthew Weiner - 2003 - Philosophical Quarterly 53 (211):256 - 264.
    I defend the acceptance principle for testimony (APT), that hearers are justified in accepting testimony unless they have positive evidence against its reliability, against Elizabeth Fricker's local reductionist view. Local reductionism, the doctrine that hearers need evidence that a particular piece of testimony is reliable if they are to be justified in believing it, must on pain of scepticism be complemented by a principle that grants default justification to some testimony; I argue that (APT) is the principle required. (...)
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  46. Testimony and grammatical evidentials.Peter Van Elswyk - 2019 - In M. Fricker, N. J. L. L. Pedersen, D. Henderson & P. J. Graham (eds.), Routledge Handbook of Social Epistemology. Routledge. pp. 135-144.
    Unlike other sources of evidence like perception and memory, testimony is intimately related to natural language. That intimacy cannot be overlooked. In this chapter, I show how cross-linguistic considerations are relevant to the epistemology of testimony. I make my case with declaratives containing grammaticalized evidentials. My discussion has a negative and a positive part. For the negative part, it is argued that some definitions of testimony are mistaken because they do not apply to testimony offered by a declarative containing (...)
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  47.  88
    No testimonial route to consensus.Philip Pettit - 2006 - Episteme 3 (3):156-165.
    The standard image of how consensus can be achieved is by pooling evidence and reducing if not eliminating disagreements. But rather than just pooling substantive evidence on a certain question, why not also take into account the formal, testimonial evidence provided by the fact that a majority of the group adopt a particular answer? Shouldn't we be reinforced by the discovery that we are on that majority side, and undermined by the discovery that we are not? (...)
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  48. Evidence of expert's evidence is evidence.Luca Moretti - 2016 - Episteme 13 (2):208-218.
    John Hardwig has championed the thesis (NE) that evidence that an expert EXP has evidence for a proposition P, constituted by EXP’s testimony that P, is not evidence for P itself, where evidence for P is generally characterized as anything that counts towards establishing the truth of P. In this paper, I first show that (NE) yields tensions within Hardwig’s overall view of epistemic reliance on experts and makes it imply unpalatable consequences. Then, I use Shogenji-Roche’s (...)
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  49.  70
    Accepting testimony.By Matthew Weiner - 2003 - Philosophical Quarterly 53 (211):256–264.
    I defend the acceptance principle for testimony (APT), that hearers are justified in accepting testimony unless they have positive evidence against its reliability, against Elizabeth Fricker's local reductionist view. Local reductionism, the doctrine that hearers need evidence that a particular piece of testimony is reliable if they are to be justified in believing it, must on pain of scepticism be complemented by a principle that grants default justification to some testimony; I argue that (APT) is the principle required. (...)
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  50. Prejudice in Testimonial Justification: A Hinge Account.Anna Boncompagni - 2021 - Episteme 1 (Early view):1-18.
    Although research on epistemic injustice has focused on the effects of prejudice in epistemic exchanges, the account of prejudice that emerges in Fricker’s (2007) view is not completely clear. In particular, I claim that the epistemic role of prejudice in the structure of testimonial justification is still in need of a satisfactory explanation. What special epistemic power does prejudice exercise that prevents the speaker’s words from constituting evidence for the hearer’s belief? By clarifying this point, it will be (...)
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