Of Miracles and Evidential Probability: Hume’s “Abject Failure” Vindicated

This paper defends David Hume's "Of Miracles" from John Earman's (2000) Bayesian attack by showing that Earman misrepresents Hume's argument against believing in miracles and misunderstands Hume's epistemology of probable belief. It argues, moreover, that Hume's account of evidence is fundamentally non-mathematical and thus cannot be properly represented in a Bayesian framework. Hume's account of probability is show to be consistent with a long and laudable tradition of evidential reasoning going back to ancient Roman law

Rehabilitating Statistical Evidence

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

Whither Evidentialist Reliabilism?

Evidentialism and Reliabilism are two of the main contemporary theories of epistemic justification. Some authors have thought that the theories are not incompatible with each other, and that a hybrid theory which incorporates elements of both should be taken into account. More recently, other authors have argued that the resulting theory is well- placed to deal with fine-grained doxastic attitudes (credences). In this paper I review the reasons for adopting this kind of hybrid theory, paying attention to the case of credences and the notion of probability involved in their treatment. I argue that the notion of probability in question can only be an epistemic (or evidential) kind of probability. I conclude that the resulting theory will be incompatible with Reliabilism in one important respect: it cannot deliver on the reductivist promise of Reliabilism. I also argue that attention to the justification of basic beliefs reveals limitations in the Evidentialist framework as well. The theory that results from the right combination of Evidentialism and Reliabilism, therefore, is neither Evidentialist nor Reliabilist

Defeaters and Disqualifiers

Justification depends on context: even if E on its own justifies H, still it might fail to justify in the context of D. This sort of effect, epistemologists think, is due to defeaters, which undermine or rebut a would-be justifier. I argue that there is another fundamental sort of contextual feature, disqualification, which doesn't involve rebuttal or undercutting, and which cannot be reduced to any notion of screening-off. A disqualifier makes some would-be justifier otiose, as direct testimony sometimes does to distal testimony, and as manifestly decisive evidence might do to gratuitous evidence on the same team. Basing a belief on disqualified evidence, moreover, is distinctively irrational. One is not necessarily irresponsible. Instead one is turning down a free upgrade to a sleeker, stabler basis for one's beliefs. Such an upgrade would prevent wastes of epistemic effort, since someone who bases her belief on a disqualified proposition E will need to remember E and rethink her belief should E ever be defeated. The upgrade might also reduce reliance on unwieldy evidence, if E is relevant only thanks to some labyrinthine argument; and if even ideal agents should doubt their ability to follow such arguments, even they should care about disqualifiers

Deference and Uniqueness

Deference principles are principles that describe when, and to what extent, it’s rational to defer to others. Recently, some authors have used such principles to argue for Evidential Uniqueness, the claim that for every batch of evidence, there’s a unique doxastic state that it’s permissible for subjects with that total evidence to have. This paper has two aims. The first aim is to assess these deference-based arguments for Evidential Uniqueness. I’ll show that these arguments only work given a particular kind of deference principle, and I’ll argue that there are reasons to reject these kinds of principles. The second aim of this paper is to spell out what a plausible generalized deference principle looks like. I’ll start by offering a principled rationale for taking deference to constrain rational belief. Then I’ll flesh out the kind of deference principle suggested by this rationale. Finally, I’ll show that this principle is both more plausible and more general than the principles used in the deference-based arguments for Evidential Uniqueness