Review of Duncan Pritchard's Epistemological Disjunctivism.

This thesis motivates a novel account of desire as the best explanation of an intuitive datum. The intuitive datum is that often when an agent desires P she will immediately, outright know that she has a reason to bring P about. Existing explanations of the intuitive datum cannot simultaneously satisfy two desiderata. We want to explain how desires enable outright knowledge of reasons and also explain the fallibility of desires. Existing views satisfy the first desideratum at the expense of the (...) second, or vice versa. I propose an epistemological disjunctivist account of desire that satisfies both. On this view, a desire for P represents the value of P in a manner analogous to perception. Desires come in two distinct epistemic kinds: an awareness of value or an illusion of value. An awareness of value enables outright knowledge of reasons and allows the agent to tell by reflection that she has such knowledge. An illusion of value merely seems to provide grounds for knowledge, which explains the fallibility of desires. The proposed account is a strong candidate for the truth because it best explains central features of our practical agency. (shrink)

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a level of certainty in (...) a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)