Sensitivity, safety, and the law: A reply to Pardo

ABSTRACTIn a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy

A Puzzle about Knowing Conditionals

We present a puzzle about knowledge, probability and conditionals. We show that in certain cases some basic and plausible principles governing our reasoning come into conflict. In particular, we show that there is a simple argument that a person may be in a position to know a conditional the consequent of which has a low probability conditional on its antecedent, contra Adams’ Thesis. We suggest that the puzzle motivates a very strong restriction on the inference of a conditional from a disjunction

A pragmatic argument against equal weighting

We present a minimal pragmatic restriction on the interpretation of the weights in the “Equal Weight View” regarding peer disagreement and show that the view cannot respect it. Based on this result we argue against the view. The restriction is the following one: if an agent, $$\hbox {i}$$ i, assigns an equal or higher weight to another agent, $$\hbox {j}$$ j,, he must be willing—in exchange for a positive and certain payment—to accept an offer to let a completely rational and sympathetic $$\hbox {j}$$ j choose for him whether to accept a bet with positive expected utility. If $$\hbox {i}$$ i assigns a lower weight to $$\hbox {j}$$ j than to himself, he must not be willing to pay any positive price for letting $$\hbox {j}$$ j choose for him. Respecting the constraint entails, we show, that the impact of disagreement on one’s degree of belief is not independent of what the disagreement is discovered to be

If you don't know that you know, you could be surprised

Before the semester begins, a teacher tells his students: “There will be exactly one exam this semester. It will not take place on a day that is an immediate-successor of a day that you are currently in a position to know is not the exam-day”. Both the students and the teacher know – it is common knowledge – that no exam can be given on the first day of the semester. Since the teacher is truthful and reliable, it seems that the students can know that what he says is true. However, in that case, assuming the students can know that they know whatever it is they know (KK) and assuming their knowledge is closed under entailment (closure), the students can reason from what they know to the conclusion that no exam will take place during the semester. This conclusion contradicts what they supposedly know: that there will be an exam. This puzzle, we argue, gives rise to a new consideration for the rejection of KK. We discuss unique features of the argument, especially in comparison to Timothy Williamson's rejection of KK in light of other versions of the surprise exam paradox

Knowledge Closure and Knowledge Openness: A Study of Epistemic Closure Principles

The principle of epistemic closure is the claim that what is known to follow from knowledge is known to be true. This intuitively plausible idea is endorsed by a vast majority of knowledge theorists. There are significant problems, however, that have to be addressed if epistemic closure – closed knowledge – is endorsed. The present essay locates the problem for closed knowledge in the separation it imposes between knowledge and evidence. Although it might appear that all that stands between knowing the truth of the premises of a valid inference and knowledge of its conclusion is inferring it from the premises, the evidence for each of the premises may jointly count against the conclusion. The intuitive view regarding inferred knowledge says one thing, the evidence says another. One epistemological framework that seems to have the resources to resolve this tension endorses the view that knowledge always requires conclusive evidence. A second framework resolves the tension by limiting the scope of the closure principle. Only inferences drawn directly from propositions contained in the scope of a single knowledge operator are considered closed. The aim of the present essay is to revive the unpopular third option, the idea that knowledge is open. The essay proceeds by arguing that in different ways the two former frameworks only succeed in relocating the problem, not in resolving it. The first framework, the infallibilist view, relocates the problem to a sharp separation between knowledge of the occurrences of events from knowledge of their chance of occurring, a separation leading to several significant additional problems. The fallibilist view, the second framework, in endorsing closure neglects to take into full account the ways in which evidence fails to be transitive. For instance, evidence can count in favor of a conjunction while counting against each of its conjuncts. This fact, which is argued for in the essay on probabilistic as well as non-probabilistic grounds, is used as the foundation of an argument against closed knowledge that can be used as a way to understand several of the most fundamental challenges of epistemology. Not only can an open knowledge view that is based on open evidence resolve all these problems in a simple and natural way, it can also respond to formidable challenges that significantly hinder other open knowledge views. There are good reasons, then, to view both knowledge and evidence as open