A challenge we face in a world that has been shaped by, and continues to be shaped by, racist attitudes and institutions is that the evidence is often stacked in favor of racist beliefs. As a result, we may find ourselves facing the following conflict: what if the evidence we have supports something we morally shouldn’t believe? For example, it is morally wrong to assume, solely on the basis of someone’s skin color, that they’re a staff member. But, what if (...) you’re in a context where, because of historical patterns of discrimination, someone’s skin color is a very good indicator that they’re a staff member? When this sort of normative conflict looms, a conflict between moral considerations on the one hand and what you epistemically ought to believe given the evidence on the other, what should we do? It might be unfair to assume that they’re a staff member, but to ignore the evidence would mean risking inaccurate beliefs. Some, notably Tamar Gendler (2011), have suggested that we simply face a tragic irresolvable dilemma. In this chapter, I consider how these cases of conflict arise and I canvass the viability of suggested resolutions of the conflict. In the end, I argue that there’s actually no conflict here. Moral considerations can change how we epistemically should respond to the evidence. (shrink)

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 order to perform certain actions – such as incarcerating a person or revoking parental rights – the state must establish certain facts to a particular standard of proof. These standards – such as preponderance of evidence and beyond reasonable doubt – are often interpreted as likelihoods or epistemic confidences. Many theorists construe them numerically; beyond reasonable doubt, for example, is often construed as 90 to 95% confidence in the guilt of the defendant. -/- A family of influential cases suggests (...) standards of proof should not be interpreted numerically. These ‘proof paradoxes’ illustrate that purely statistical evidence can warrant high credence in a disputed fact without satisfying the relevant legal standard. In this essay I evaluate three influential attempts to explain why merely statistical evidence cannot satisfy legal standards. (shrink)

We argue that there is nothing that can do the work that normative reasons are expected to do. A currently popular view is that in any given situation, a set of normative reasons (understood as a set of facts, typically about the agent’s situation) always determines the ways we prospectively should or should not respond. We discuss an example that we think shows no such collection of facts could have this normative significance. A radical response might be to dispense with (...) reasons and explain the facts about the ways we should respond using something else entirely (e.g., expected value). We think a more fruitful approach is to explore the possibility of using decision-theoretic tools in a reasons-centred framework. (shrink)

Sensitivity account of knowledge states that if one knows that _p_ (via method M), then were _p_ false, one would not believe that _p_ via M. This account has been highly controversial. However, even its critics tend to agree that the account enjoys an important advantage of solving the Gettier problem—that is, it explains why Gettierized beliefs are not knowledge. In this paper, I argue that this purported advantage of sensitivity is merely illusory. The account cannot, in principle, solve the (...) Gettier problem. Moreover, another formulation of sensitivity—which is fully in line with Nozick’s original account—is not unscathed either. (shrink)

In discussions of whether and how pragmatic considerations can make a difference to what one ought to believe, two sets of cases feature. The first set, which dominates the debate about pragmatic reasons for belief, is exemplified by cases of being financially bribed to believe (or withhold from believing) something. The second set, which dominates the debate about pragmatic encroachment on epistemic justification, is exemplified by cases where acting on a belief rashly risks some disastrous outcome if the belief turns (...) out to be false. Call those who think that pragmatic considerations make a difference to what one ought to believe in the second kind of case, but not in the first, ‘moderate pragmatists’. Many philosophers – in particular, most advocates of pragmatic and moral encroachment – are moderate pragmatists. But moderate pragmatists owe us an explanation of exactly why the second kind of pragmatic consideration makes a difference, but the first kind doesn’t. I argue that the most promising of these explanations all fail: they are either theoretically undermotivated, or get key cases wrong, or both. Moderate pragmatism may be an unstable stopping point between a more extreme pragmatism, on one hand, and an uncompromising anti-pragmatism on the other. (shrink)

Safety purports to explain why cases of accidentally true belief are not knowledge, addressing Gettier cases and cases of belief based on statistical evidence. However, problems arise for using safety as a condition on knowledge: safety is not necessary for knowledge and cannot always explain the Gettier cases and cases of statistical evidence it is meant to address. In this paper, I argue for a new modal condition designed to capture the non-accidental relationship between facts and evidence required for knowledge: (...) causal safety. I argue that possible errors in belief can be captured by accounting for deviations in causal relationships and that there is a natural way to characterize which causal errors are relevant in an epistemic situation. Using this, I develop a causal analogue to safety, where one’s belief in p is causally safe if it is true in all causally relevant worlds where one believes p. Causal safety, I argue, can better explain the cases safety is meant to address and can avoid the arguments raised against the necessity of safety. (shrink)

Epistemic and practical interests are often in conflict. This also occurs in institutional settings such as the legal one. Rule 407 of the U.S. Federal Rules of Evidence is an example of that because it sacrifices some epistemic interests in favour of practical ones. It is the rule on subsequent remedial measures (SRM), which is mainly designed to answer a practical concern (reducing accidents) instead of the epistemic one of getting some evidence to find out whether the defendant was negligent (...) or whether there was a defect in a product. Some commentators and courts think that the rationale of the rule is more complex and deserves a more careful discussion, as this paper shows. Additionally, this paper discusses a modification proposal (from categorical ban of SRM evidence to case‐by‐case decision) and develops some theoretical considerations, in the spirit of philosophical pragmatism, on the best way to conceptualize the problem addressed. The idea is to see such conflicts as conflicts of goals and to explain them in terms of the incompatible desires that we happen to have. (shrink)

The paper argues for a pragmatist understanding of the reasonable doubt standard in law. It builds on the idea that our dispositions to act signal the epistemic states we are in. This helps clarify the notion of a reasonable doubt and the idea of being certain beyond it. More specifically, the paper points out three major standards of proof used in legal contexts and the rationale of their distinction. It articulates the received view according to which the reasonable doubt standard (...) is superior to allegedly subjective standards as the French “intime conviction”; then it addresses what I call the “rampant critique” of the reasonable doubt standard, namely the view that, as the notion of a reasonable doubt is obscure and undetermined, the standard is irremediably subjective. The paper finally presents a pragmatist understanding and defense of the standard, building on the idea of beliefs as dispositions to act. (shrink)

Various real and imagined criminal law cases rest on “naked statistical evidence”. That is, they rest more or less entirely on a probability for guilt/liability derived from a single statistical model. The intuition is that there is something missing in these cases, high as the probability for guilt/liability may be, such that the relevant standard for legal proof is not met. Here we contribute to the considerable debate about how this intuition is best explained and what it teaches us about (...) evidential reasoning in the legal setting. We part ways with the recent scholarship, however. Unlike most others, our diagnosis is not that there is an important qualitative property that some evidence or bodies of evidence have, and that naked statistical evidence, most strikingly, lacks. Rather, we see cases resting on naked statistical evidence as lying at the extreme of a continuum of cases that are vulnerable to challenge due to “meta-uncertainty” about the underlying model. (shrink)

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of puzzles about mere statistical evidence in the law. Moreover, the account promises to have attractive implications for social and moral philosophy, in particular about the impermissibility of racial profiling and other harmful kinds of statistical generalisation. In this (...) paper, I show that Moss's account of legal proof crucially depends on a moral norm called the rule of consideration. I argue that we have a number of reasons to be sceptical of this rule. Once we reject the rule, it is not clear that Moss's account of legal proof is either plausible or attractive. (shrink)

It is one thing to hold that merely statistical evidence is _sometimes_ insufficient for rational belief, as in typical lottery and profiling cases. It is another thing to hold that merely statistical evidence is _always_ insufficient for rational belief. Indeed, there are cases where statistical evidence plainly does justify belief. This project develops a dispositional account of the normativity of statistical evidence, where the dispositions that ground justifying statistical evidence are connected to the goals (= proper function) of objects. There (...) are strong intuitive motivations for doing this. For we can turn almost any case of _non-justifying_ merely statistical evidence into a case of _justifying_ merely statistical evidence by adding information about the dispositions and goals of the objects involved. The resulting view not only helps us understand when and why merely statistical evidence is normatively significant, but it also helps us understand how statistical evidence relates to more standard forms of evidence (perceptual, testimonial). The emerging view also has surprising applications, as it imposes limitations on the epistemic value of fine-tuning arguments for theism as well as undermines a standard class of case-based arguments for moral encroachment. (shrink)

This paper aims to answer the following question: what is the normative connection between paternalism and the paternalist’s belief about the recipient’s agency? I consider the following two views. _The Robust View_ says that paternalism is _pro tanto_ wrong insofar as the paternalist’s belief about the recipient’s agency is always disrespectful. _The Less Robust View_ says that whenever the paternalist’s belief about the recipient’s agency is disrespectful, paternalism is _pro tanto_ wrong. I interpret the major motive-based theories of paternalism as (...) endorsing the Robust view. While this view is susceptible to a devastating criticism, I argue that the Less Robust view is true. To make my case, I elucidate three ways in which the paternalist may come to hold a disrespectful belief about the recipient’s agency. I then argue that any paternalistic action which is predicated on or motivated by a disrespectful belief about the recipient’s agency is _pro tanto_ wrong. Consequently, I suggest that motive-based theorists endorse the Less Robust view instead. (shrink)

Philosophical debates over statistical evidence have long been framed and dominated by L. Jonathan Cohen's Paradox of the Gatecrasher and a related hypothetical example commonly called Prison Yard. These examples, however, raise an issue not discussed in the large and growing literature on statistical evidence – the question of what statistical evidence is supposed to be evidence of. In actual practice, the legal system does not start with a defendant and then attempt to determine if that defendant has committed some (...) unspecified or under-specified act, as these examples appear to suppose. Rather, both criminal and civil litigation start with a sufficiently specified act and then attempt to determine if the defendant has committed it. And when we start with a more fully specified act, the statistics look very different, and these prominent examples no longer present the paradox they are claimed to support. Examining the issue of specification, however, does more than simply undercut the prominent examples in a long and extensive literature. The examination also raises normative issues challenging the legal system's traditional reluctance to base liability on the conjunction of probabilities. (shrink)

Ratio, Volume 34, Issue 4, Page 261-276, December 2021.

Not only is the common‐law standard of proof of mere likelihood in ordinary civil cases justifiable, but its justifiability supports the conclusion that there is no general norm that one must assert that p only if p is known. An argument by Voltaire is formalized to show that the mere likelihood standard is rational. It is also shown that no applicable norm preempts the common‐law rule. An objection that takes the pertinent knowledge‐norm to be honoured in the breach is rejected (...) by appeal to the absence of blameworthiness in alleged breaches of interest. An objection that takes civil verdicts to be manifestations of acceptance, rather than assertoric, is considered and rejected. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Recent years have seen fresh impetus brought to debates about the proper role of statistical evidence in the law. Recent work largely centres on a set of puzzles known as the ‘proof paradox’. While these puzzles may initially seem academic, they have important ramifications for the law: raising key conceptual questions about legal proof, and practical questions about DNA evidence. This article introduces the proof paradox, why we should care about it, and new work attempting to resolve it.

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to epistemic norms that (...) apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

I argue that traditional views on which beliefs are subject only to purely epistemic assessment can reject demographic profiling, even when based on seemingly robust evidence. This is because the moral failures involved in demographic profiling can be located in the decision not to suspend judgment, rather than supposing that beliefs themselves are a locus of moral evaluation. A key moral reason to suspend judgment when faced with adverse demographic evidence is to promote social equality—this explains why positive profiling is (...) dubious, along with more familiar cases of negative profiling, and why profiling is suspect even when no particular action is at stake. My suspension-based view, while compatible with revisionary normative positions, does not presuppose them. Philosophers of all stripes can reject demographic profiling both in thought and deed. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

This paper examines Lockie’s theory of libertarian self-determinism in light of the question of prediction: “Can we know (or justifiably believe) how an agent will act, or is likely to act, freely?” I argue that, when Lockie's theory is taken to its full logical extent, free actions cannot be predicted to any degree of accuracy because, even if they have probabilities, these cannot be known. However, I suggest that this implication of his theory is actually advantageous, because it is able (...) to explain and justify an important feature of the practices we use to determine whether someone has acted culpably: our hostility to the use of predictive evidence. (shrink)

Part one offers a précis of my book, Epistemic Angst, with particular focus on the themes discussed by the participants in this symposium. Part two then examines a number of topics raised in this symposium in light of this précis. These include how best to understand the ‘non-belief’ account of hinge epistemology, whether we should think of our hinge commitments as being a kind of procedural knowledge, whether hinge epistemology can be used to deal with underdetermination-based scepticism, what the status (...) of my acceptance of the closure principle amounts to, whether one’s total evidence in fact supports our hinge commitments, and the nature of the kind of reasoning that Wittgenstein employs when advancing a hinge epistemology. Finally, I offer some remarks on the notion of epistemic risk in the context of the sceptical problematic, and show how this has application to legal epistemology. (shrink)

Part one offers a précis of my book, Epistemic Angst, with particular focus on the themes discussed by the participants in this symposium. Part two then examines a number of topics raised in this symposium in light of this précis. These include how best to understand the ‘non-belief’ account of hinge epistemology, whether we should think of our hinge commitments as being a kind of procedural knowledge, whether hinge epistemology can be used to deal with underdetermination-based scepticism, what the status (...) of my acceptance of the closure principle amounts to, whether one’s total evidence in fact supports our hinge commitments, and the nature of the kind of reasoning that Wittgenstein employs when advancing a hinge epistemology. Finally, I offer some remarks on the notion of epistemic risk in the context of the sceptical problematic, and show how this has application to legal epistemology. (shrink)

This paper offers an articulation and defence of the modal account of legal risk in light of a range of objections that have been proposed against this view in the recent literature. It is argued that these objections all trade on a failure to distinguish between the modal nature of risk more generally, and the application of this modal account to particular decision-making contexts, such as legal contexts, where one must rely on a restricted body of information. It is argued (...) that once the modal account of legal risk is properly understood as involving information-relative judgements about the modal closeness of the target risk event, the objections to the view are neutralized. (shrink)

In an ideal epistemic world, our beliefs would correspond to our evidence, and our evidence would be bountiful. In the world we live in, however, if we wish to live meaningful lives, other epistemic strategies are necessary. Here I attempt to work out, systematically, the ways in which evidentialism fails us as a guide to belief. This is so preeminently for lives of a religious character, but the point applies more broadly.

Recent philosophy has paid considerable attention to the way our biases are liable to encroach upon our cognitive lives, diminishing our capacity to know and unjustly denigrating the knowledge of others. The extent of the bias, and the range of domains to which it applies, has struck some as so great as to license talk of a new form of skepticism. I argue that these depressing consequences are real and, in some ways, even more intractable than has previously been recognized. (...) For the difficulties we face in this domain are fueled not only by implicit biases but by various other sorts of entrenched cognitive attitudes we bear toward others, whether or not we judge them to be our peers. Inasmuch as the epistemic standing of this broader set of attitudes is itself quite dubious, the problem of epistemic injustice turns out to be just one special case—albeit of a particularly nasty kind—from a broader domain of cases where the collaborative character of knowledge clashes with tendencies that make collaboration difficult. This makes the threat of skepticism all the greater, and at the same time makes it harder to see what path of escape there might be. (shrink)

ABSTRACTThis article defends the importance of epistemic safety for legal evidence. Drawing on discussions of sensitivity and safety in epistemology, the article explores how similar considerations apply to legal proof. In the legal context, sensitivity concerns whether a factual finding would be made if it were false, and safety concerns how easily a factual finding could be false. The article critiques recent claims about the importance of sensitivity for the law of evidence. In particular, this critique argues that sensitivity does (...) not have much of an effect on the value of legal evidence and that it fails to explain legal doctrine. By contrast, safety affects the quality of legal evidence, and safety better explains central features of the law of evidence, including probative value, admissibility rules, and standards of proof. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 280-298, October 2021.

I argue that the concept of knowledge is a relic of a bygone age, erroneously supposed to do no harm. I illustrate this claim by showing how a concern with knowledge distorts the use of statistical evidence in criminal courts, and then generalize the point to show that this concern hampers our enterprises across the board and not only in legal contexts.

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought (...) that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms. (shrink)

This paper argues that several leading theories of subjunctive conditionals are incompatible with ordinary intuitions about what credences we ought to have in subjunctive conditionals. In short, our theory of subjunctives should intuitively display semantic humility, i.e. our semantic theory should deliver the truth conditions of sentences without pronouncing on whether those conditions actually obtain. In addition to describing intuitions about subjunctive conditionals, I argue that we can derive these ordinary intuitions from justified premises, and I answer a possible worry (...) for my derivation by refuting a subjunctive triviality result modeled on (Lewis 1976). I conclude that the debate over the correct theory of subjunctive conditionals requires settling meta-philosophical questions about the relative value of various virtues of first-order theories of subjunctive conditionals. (shrink)

The notion of individualised evidence holds the key to solve the puzzle of statistical evidence, but there’s still no consensus on how exactly to define it. To make progress on the problem, epistemologists have proposed various accounts of individualised evidence in terms of causal or modal anti-luck conditions on knowledge like appropriate causation, sensitivity and safety. In this paper, I show that each of these fails as satisfactory anti-luck condition, and that such failure lends abductive support to the following conclusion: (...) once the familiar anti-luck intuition on knowledge is extended to individualised evidence, no single causal or modal anti-luck condition on knowledge can succeed as the right anti-luck condition on individualised evidence. This conclusion casts serious doubts on the fruitfulness of the move from anti-luck conditions on knowledge to anti-luck conditions on individualised evidence. I expand on these doubts and point out further aspects where epistemology and the law come apart: epistemic anti- luck conditions on knowledge do not adequately characterise the legal notion of individualised evidence. (shrink)

In epistemology, the concept of knowledge is of distinctive interest. This fact is also reflected in the discussion of epistemic value, which focuses to a large extend on the value problem of knowledge. This discussion suggests that knowledge has an outstanding value among epistemic standings because its value exceeds the value of its constitutive parts. I will argue that the value of knowledge is not outstanding by presenting epistemic standings of checking, transferring knowledge, and proving in court, whose values exceed (...) the value of knowledge in certain contexts. Moreover, the values of these other epistemic standings do not always rely on the value of knowledge. In terms of value, knowledge is not an outstanding epistemic concept. Hence, in terms of value we cannot find support for the privileged position that knowledge enjoys in epistemology. (shrink)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and sufficient conditions on discrimination. Safety in (...) contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

As machine learning informs increasingly consequential decisions, different metrics have been proposed for measuring algorithmic bias or unfairness. Two popular “fairness measures” are calibration and equality of false positive rate. Each measure seems intuitively important, but notably, it is usually impossible to satisfy both measures. For this reason, a large literature in machine learning speaks of a “fairness tradeoff” between these two measures. This framing assumes that both measures are, in fact, capturing something important. To date, philosophers have seldom examined (...) this crucial assumption, and examined to what extent each measure actually tracks a normatively important property. This makes this inevitable statistical conflict – between calibration and false positive rate equality – an important topic for ethics. In this paper, I give an ethical framework for thinking about these measures and argue that, contrary to initial appearances, false positive rate equality is in fact morally irrelevant and does not measure fairness. (shrink)

Using pure statistical evidence about a group to judge a particular member of that group is often found objectionable. One natural explanation of why this is objectionable appeals to the moral notion of respecting individuality: to properly respect individuality, we need individualized evidence, not pure statistical evidence. However, this explanation has been criticized on the ground that there is no fundamental difference between the so-called “individualized evidence” and “pure statistical evidence”. This paper defends the respecting-individuality explanation by developing an account (...) of what it means to respect individuality. It combines an idealistic account of respecting individuality and a prioritization account of respecting individuality, and offers a principled way to distinguish individualized evidence from non-individualized evidence. (shrink)

A recent argument by Nadelhoffer et al. defends a cautious optimism regarding the use of neuroprediction in relation to sentencing based, in part, on an assessment of the offender’s dangerousness. While this optimism may be warranted, Nadelhoffer et al.’s argument fails to justify it. Although neuropredictions provide individualized, non-statistical evidence they will often be problematic for the same reason that basing sentencing on statistical evidence is, to wit, that such predictions are insensitive to the offender’s dangerousness in relevant counterfactual situations (...) and, accordingly, fail to provide the court with knowledge of the offender’s dangerousness. Admittedly, it could be replied that standard clinical assessments of dangerousness possess the same objectionable feature, but doing so undermines a different part of Nadelhoffer et al.’s argument. Finally, I criticize an incentives-based rationale for sentencing informed by neuropredictions of dangerousness. (shrink)

It is a truism that there are erroneous convictions in criminal trials. Recent legal findings show that 3.3% to 5% of all convictions in capital rape-murder cases in the U.S. in the 1980s were erro...

I defend the thesis that legal standards of proof are reducible to thresholds of probability. Many have rejected this thesis because it seems to entail that defendants can be found liable solely on the basis of statistical evidence. I argue that this inference is invalid. I do so by developing a view, called Legal Causalism, that combines Thomson's (1986) causal analysis of evidence with recent work in formal theories of causal inference. On this view, legal standards of proof can be (...) reduced to probabilities, but deriving these probabilities involves more than just statistics. (shrink)

Philosophical Issues, Volume 31, Issue 1, Page 188-209, October 2021.

Philosophical Issues, Volume 31, Issue 1, Page 167-187, October 2021.

Law-enforcement agencies are increasingly able to leverage crime statistics to make risk predictions for particular individuals, employing a form of inference that some condemn as violating the right to be “treated as an individual.” I suggest that the right encodes agents’ entitlement to a fair distribution of the burdens and benefits of the rule of law. Rather than precluding statistical prediction, it requires that citizens be able to anticipate which variables will be used as predictors and act intentionally to avoid (...) them. Furthermore, it condemns reliance on various indexes of distributive injustice, or unchosen properties, as evidence of law-breaking. (shrink)

This paper concerns recent attempts to use the epistemological notions of sensitivity and safety to shed light on legal debates about so-called “bare” statistical evidence. These notions might be thought to explain either the outright inadmissibility of such evidence or its inadequacy for a finding of fact—two different phenomena that are often discussed in tandem, but that, I insist, we do better to keep separate. I argue that neither sensitivity nor safety can hope to explain statistical evidence’s inadmissibility, since neither (...) offers a plausible criterion of admissibility that would exclude such evidence; both are subject to copious counterexamples, especially given their factivity, and it is difficult even to state a coherent criterion of admissibility in terms of either sensitivity or safety. The possibility remains, though, that either notion might explain statistical evidence’s inadequacy for a finding of fact; I express some doubts about this possibility but do not rule it out. (shrink)

In recent years, the argument from inductive risk against value free science has enjoyed a revival. This paper investigates and clarifies this argument through means of a case-study: neonicitinoid research. Sect. 1 argues that the argument from inductive risk is best conceptualised as a claim about scientists’ communicative obligations. Sect. 2 then shows why this argument is inapplicable to “public communication”. Sect. 3 outlines non-epistemic reasons why non-epistemic values should not play a role in public communicative contexts. Sect. 4 analyses (...) the implications of these arguments both for the specific case of neonicitinoid research and for understanding the limits of the argument from inductive risk. Sect. 5 sketches the broader implications of my claims for understanding the “Value Free Ideal” for science. (shrink)