Epistemic Trepassing and Expert Witness Testimony

Journal of Ethics and Social Philosophy 22 (2) (2022)
  Copy   BIBTEX

Abstract

Epistemic trespassers have competence in one field but pass judgment on matters in other fields where they lack competence. I examine philosophical questions related to epistemic trespassing by expert witnesses in courtroom trials and argue for the following positions. Expert witnesses are required to avoid epistemic trespassing. When testifying as an expert witness, merely qualifying one’s statements to indicate that one is not speaking as an expert is insufficient to avoid epistemic trespassing. Judges, litigators, and jurors can often recognize epistemic trespassing by examining a purported expert’s credentials and track record. Judges should not permit recognizable epistemic trespassers to testify as expert witnesses. Litigators should seek to expose recognizable epistemic trespassers during cross-examination. Jurors should treat recognizable instances of epistemic trespassing as a reason to downgrade the testimony of epistemic trespassers.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 74,662

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

What’s Wrong with Epistemic Trespassing?Joshua DiPaolo - 2022 - Philosophical Studies 179 (1):223-243.
Expert Testimony, Law and Epistemic Authority.Tony Ward - 2017 - Journal of Applied Philosophy 34 (2):263-277.
The Epistemic and Moral Role of Testimony.Verónica Tozzi - 2012 - History and Theory 51 (1):1-17.
Rebuttal: Expert Ethics Testimony.Françoise Baylis - 2000 - Journal of Law, Medicine and Ethics 28 (3):240-242.
Rebuttal: Expert Ethics Testimony.Françoise Baylis - 2000 - Journal of Law, Medicine and Ethics 28 (3):240-242.
The Epistemic Value of Expert Autonomy.Finnur Dellsén - 2018 - Philosophy and Phenomenological Research (2):344-361.
Narrative testimony.Rachel Fraser - 2021 - Philosophical Studies 178 (12):4025-4052.

Analytics

Added to PP
2022-07-27

Downloads
8 (#980,291)

6 months
8 (#97,131)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Mark Satta
Wayne State University

Citations of this work

No citations found.

Add more citations

References found in this work

Epistemic Trespassing.Nathan Ballantyne - 2019 - Mind 128 (510):367-395.
Experts: Which Ones Should You Trust?Alvin I. Goldman - 2001 - Philosophy and Phenomenological Research 63 (1):85-110.
Expert Trespassing Testimony and the Ethics of Science Communication.Mikkel Gerken - 2018 - Journal for General Philosophy of Science / Zeitschrift für Allgemeine Wissenschaftstheorie 49 (3):299-318.

Add more references