scholarly journals More on the Gettier Problem and Legal Proof: Unsafe Nonknowledge Does Not Mean that Knowledge Must Be Safe

2011 ◽  
Author(s):  
Michael S. Pardo
Legal Theory ◽  
2011 ◽  
Vol 17 (1) ◽  
pp. 75-80 ◽  
Author(s):  
Michael S. Pardo

In “The Gettier Problem and Legal Proof,” I argue that epistemic conditions that undermine knowledge in Gettier-type cases also potentially undermine legal verdicts. For this reason, I argue, there is a deeper connection between knowledge and legal proof than is typically presupposed or argued for in the scholarly legal literature. To support these claims, I present several examples illustrating how conditions that render epistemically justified beliefs merely accidentally true (and thus disqualify them as cases of genuine knowledge) may also render evidentially well-supported verdicts merely accidentally true for similar reasons. Such “Gettierized” verdicts, I contend, fail to realize the epistemic goal or aim of legal proof. Thus I conclude there, legal proof includes something like a knowledge requirement—in the sense that legal verdicts aim not only at truth and sufficient evidential support but also, as with knowledge, at an appropriate connection between their truth and justifying evidential support.


Legal Theory ◽  
2010 ◽  
Vol 16 (1) ◽  
pp. 37-57 ◽  
Author(s):  
Michael S. Pardo

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts.


Author(s):  
Claudio de Almeida

Contrary to millennial thought, inferential knowledge does seem to arise in certain cases of reasoning to which false premises are evidentially essential. The phenomenon refutes all of the well-known epistemologies that account for inferential knowledge. I offer an explanation of the phenomenon based on a fairly conservative revision to the defeasibility theory of knowledge, and explain why Peter Klein’s proposed solution fails. The explanation put forward here aims at giving us these two highly desirable results: (a) something we have never had and may not have noticed we needed, a defeasibility theory that is compatible with epistemological fallibilism, and, (b) within this revised, fallibilistic version of the defeasibility theory, an explanation of the benign/malignant distinction for false beliefs that completes the defeasibilist resolution of the Gettier Problem.


Author(s):  
Risto Hilpinen

Medieval philosophers presented Gettier-type objections to the commonly accepted view of knowledge as firmly held true belief, and formulated additional conditions that meet the objections or analyzed knowledge in a way that is immune to the Gettier-type objections. The proposed conditions can be divided into two kinds: backward-looking conditions and forward-looking conditions. The former concern an inquirer’s current belief system and the way the inquirer acquired her beliefs, the latter refer to what the inquirer may come to learn in the future and how she can respond to objections. Some conditions of knowledge proposed in late nineteenth- and twentieth-century epistemology can be regarded as variants of the conditions put forward by medieval authors.


This is an edited collection of twenty-three new papers on the Gettier Problem and the issues connected with it. The set of authors includes many of the major figures in contemporary epistemology who have developed some of the well-known responses to the problem, and it also contains some younger epistemologists who bring new perspectives to the issues raised in the literature. Together, they cover the state of the art on virtually every epistemological and methodological aspect of the Gettier Problem. The volume also includes some skeptical voices according to which the Gettier Problem is not deeply problematic or some of the problems it raises are not genuine philosophical problems.


Dialogue ◽  
2008 ◽  
Vol 47 (3-4) ◽  
pp. 565-582 ◽  
Author(s):  
Byeong D. Lee

ABSTRACTRobert Brandom argues for a “pragmatic phenomenalist account” of knowledge. On this account, we should understand our notion of justification in accordance with a Sellarsian social practice model, and there is nothing more to the phenomenon of knowledge than the proprieties of takings-as-knowing. I agree with these two claims. But Brandom's proposal is so sketchy that it is unclear how it can deal with a number of much-discussed problems in contemporary epistemology. The main purpose of this article is to develop and defend a pragmatic phenomenalist account of knowledge by resolving those problems. I argue, in particular, that this account can accommodate both the lesson of the Gettier problem and the lesson of reliabilism simultaneously.


Philosophy ◽  
1995 ◽  
Vol 70 (271) ◽  
pp. 5-25
Author(s):  
Don S. Levi

‘Where have you been?’ I expect philosophers to ask me this when I tell them that this paper is on the Gettier Problem. I found it difficult to participate in the discussion of the problem until now because instead of wanting to consider what could be done to revive the project of identifying necessary and conditions for knowledge after the apparent damage done to it by Gettier counter-examples, I wanted to question the legitimacy of the project itself.


2017 ◽  
Vol 20 (2) ◽  
pp. 179
Author(s):  
João Rizzio Vicente Fett

http://dx.doi.org/10.5007/1808-1711.2016v20n2p179 Duncan Pritchard has suggested that anti-luck epistemology and virtue epistemology are the best options to solve the Gettier problem. Nonetheless, there are challenging problems for both of them in the literature. Pritchard holds that his anti-luck virtue epistemology puts together the correct intuitions from both anti-luck epistemology and virtue epistemology and avoids their problems. Contra Pritchard, we believe that there is already a satisfactory theory on offer, namely, the defeasibility theory of knowledge. In this essay we intend (i) to examine Pritchard’s anti-luck virtue epistemology, and (ii) to defend the defeasibility theory of knowledge as an alternative to Pritchard’s theory. We will provide the reader with reasons for believing that the defeasibility theory is better than Pritchard’s theory because the former is more economic and more ecumenical than the latter, since it goes without non-epistemic notions and remains neutral as for the internalism vs. externalism debate.


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