scholarly journals Less Evidence, Better Knowledge

2015 ◽  
Vol 60 (2) ◽  
pp. 173-214
Author(s):  
Kenneth M. Ehrenberg

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards.

2020 ◽  
Vol 33 (1) ◽  
pp. 1-29
Author(s):  
Nayha Acharya

The crucial question for many legal disputes is “what happened,”? and there is often no easy answer. Fact-finding is an uncertain endeavor and risk of inaccuracy is inevitable. As such, I ask, on what basis can we accept the legitimacy of judicial fact-findings. I conclude that acceptable factual determinations depend on adherence to a legitimate process of fact-finding. Adopting Jürgen Habermas’s insights, I offer a theoretical grounding for the acceptability of judicial fact-finding. The theory holds that legal processes must embody respect for legal subjects as equal and autonomous agents. This necessitates two procedural features. First, fact-finding processes must be factually reliable. This requires: (a) relevant evidence is admissible and exclusions are justified based on respecting human autonomy; (b) error-risk management is internally coherent and consistent; (c) the standard of proof is, at minimum, a balance of probabilities; (d) evidence is used rationally. Second, fact-finding processes must ensure fulsome participation rights. This project is justificatory—civil justice systems are imperfect, but there are attainable conditions that make them good, which must never be compromised.


Author(s):  
Alessandra Tanesini

Broadly speaking, relativism is the view that, at least in some domains, everything or every truth is relative to some standards so that, when two or more people disagree about these issues, they may all be correct (Siegel 2011; Boghossian 2006; Baghramian and Carter 2016). Epistemic relativism is the form of relativism that takes epistemic properties or norms also to be relative. While this approximate characterization of the position gives a flavor of the view, it hides the complexities and difficulties involved in precise formulations of the position that are not open to immediate refutations. Relativism is of epistemological import in at least three distinct ways. First, one may be concerned with the epistemology of domains in which relativism is taken to be true. Thus, one may, for instance, wonder whether, if relativism is true, anything goes. One may also attempt to explain how faultless disagreement (disagreement between debaters who are all correct in their views) is genuinely possible and not tantamount to a change of subject (Kölbel 2004). Relatedly, one may worry whether rational debate can take place among individuals beheld by different epistemic frameworks or standards (Rorty 1980; Pritchard 2009). Second, one may evaluate the arguments for, or against, relativism. The existence of obvious variations in the epistemic standards adopted at different historical times and by distinct cultures is often cited as evidence in favor of relativism. This evidence is strengthened by an appreciation of the depth and stubbornness of these differences. True, they may point to the irrationality of humanity. However, they would seem to be best explained by the lack of universal authoritativeness of any specific set of epistemic norms (Baghramian and Carter 2016). Additional evidence for relativism is provided by an analysis of the dialectic of debate. Those who attempt to defend the validity of their epistemic standards against opponents have no alternative but to deploy those very standards in their reasoning. Therefore, any defense of a system of knowledge or belief might be epistemically circular and thus ultimately illegitimate even by one’s own standards (see Boghossian 2006, 79). Overall, philosophers have been as hostile to relativism as they have been to skepticism. The literature is replete with arguments purporting to show that relativism is ultimately self-refuting, either because it cannot be coherently stated or because, if nothing is true absolutely, then the truth of relativism itself is at best relative and thus unpersuasive (Siegel 1987). Third, one may interpret relativism as a metaepistemological position. Thus conceived, relativism is a thesis about epistemic norms or standards. For instance, the relativist may hold that whether being stated in the scriptures counts as indefeasible evidence for the truth of a claim depends on which epistemic norms are authoritative for a person (Rorty 1980). This statement of relativism may be interpreted descriptively to mean that individuals hold themselves to different standards (Barnes and Bloor 1982), but it may also be read normatively. In this latter interpretation, epistemic norms or standards are not universally authoritative, but govern the intellectual lives of some groups and not others. More recently, novel relativist accounts of the truth of knowledge attributions (i.e., sentences that attribute to some S knowledge that p, for some proposition p) have proliferated. Most prominent among these are the views held by Max Kölbel (2004) and John MacFarlane (2011), for whom truth is relative to contexts of assessment.


2020 ◽  
Vol 10 (1) ◽  
pp. 21-27
Author(s):  
Michael Blome-Tillmann

In The Appearance of Ignorance, Keith DeRose develops a version of epistemic contextualism that combines aspects of both safety and sensitivity theories of knowledge. This paper discusses some potential problems for DeRose’s account stemming from his Rule of Sensitivity, which is meant to model upwards shifts in epistemic standards.


Episteme ◽  
2014 ◽  
Vol 11 (3) ◽  
pp. 319-333 ◽  
Author(s):  
Martin Montminy ◽  
Wes Skolits

AbstractAccording to a popular objection against epistemic contextualism, contextualists who endorse the factivity of knowledge, the principle of epistemic closure and the knowledge norm of assertion cannot coherently defend their theory without abandoning their response to skepticism. After examining and criticizing three responses to this objection, we offer our own solution. First, we question the assumption that contextualists ought to be interpreted as asserting the content of their theory. Second, we argue that contextualists need not hold that high epistemic standards govern contexts in which they defend their theory.


Episteme ◽  
2008 ◽  
Vol 5 (3) ◽  
pp. 295-305 ◽  
Author(s):  
Frederick Schauer

ABSTRACTEver since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them only in the context of particular pieces of evidence offered for specific purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentialist moral theories, and that, even more importantly, they are entirely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally.


2017 ◽  
Vol 1 (2) ◽  
pp. 319
Author(s):  
Frederick Schauer

<p><strong>RESUMO:</strong></p><p>Desde que Jeremy Bentham escreveu a sua severa crítca ao Direito Probatório, filósofos e juristas têm critcado as regras probatórias excludentes argumentando que as regras formais que excluem classes inteiras de provas em razão da sua alegada infabilidade violam máximas epistemológicas fundamentais que exigem que toda prova pertinente seja levada em consideração. Embora algumas partes da prova possam ser excluídas por falta de fabilidade – argumentam eles – seria um erro fazer tais juízos em relação a categorias inteiras, em oposição a fazê-los somente em relação à provas específcas apresentadas para propósitos específicos. Este artgo põe em causa essas alegações, argumentando que exclusões fundadas em regras servem a propósitos similares àqueles desempenhados pelas regras nas teorias morais consequencialistas de regras, e que, de maneira ainda mais importante, elas são totalmente consistentes com a natureza excludente das regras jurídicas em geral. Na verdade, uma vez visto o papel que as regras excludentes podem desempenhar na Epistemologia Jurídica, se torna possível ver que elas poderiam ter um papel a desempenhar na avaliação epistêmica em geral.</p><p><strong>ABSTRACT:</strong> </p><p>Ever since Jeremy Bentham wrote his scathing critque of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entre classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making only in the context of partcular pieces of evidence ofered for specifc purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentalist moral theories, and that, even more importantly, they are entrely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally.</p>


2013 ◽  
pp. 15-23
Author(s):  
Giovanni Mion

My paper aims to account for the possibility of disagreements concerning what we know; for clearly, people disagree about what they know. More precisely, my goal is to explain how a contextualist theory of knowledge attributions can explain the existence of disagreement among speakers. My working hypothesis is that genuine epistemic disagreement is possible only under the assumption that the meaning of the word “knowledge” is governed by contexts that are objective, in the sense that that the content of the word “knowledge” is fixed for all speakers sharing a common conversational goal. The paper is divided into two sections. In the first section, I explain why current versions of epistemic contextualism cannot account for epistemic disagreement. In the second section, following Christopher Gauker’s theory of linguistic communication, I offer my own contextualist solution to the problem of epistemic disagreement.


2020 ◽  
Vol 5 (2) ◽  
pp. 414-424
Author(s):  
Rochelle Cohen-Schneider ◽  
Melodie T. Chan ◽  
Denise M. McCall ◽  
Allison M. Tedesco ◽  
Ann P. Abramson

Background Speech-language pathologists make clinical decisions informed by evidence-based theory and “beliefs, values and emotional experiences” ( Hinckley, 2005 , p. 265). These subjective processes, while not extensively studied, underlie the workings of the therapeutic relationship and contribute to treatment outcomes. While speech-language pathologists do not routinely pay attention to subjective experiences of the therapeutic encounter, social workers do. Thus, the field of social work makes an invaluable contribution to the knowledge and skills of speech-language pathologists. Purpose This clinical focus article focuses on the clinician's contribution to the therapeutic relationship by surfacing elements of the underlying subjective processes. Method Vignettes were gathered from clinicians in two community aphasia programs informed by the principles of the Life Participation Approach to Aphasia. Results and Discussion By reflecting on and sharing aspects of clinical encounters, clinicians reveal subjective processing occurring beneath the surface. The vignettes shed light on the following clinical behaviors: listening to the client's “whole self,” having considerations around self-disclosure, dealing with biases, recognizing and surfacing clients' identities, and fostering hope. Speech-language pathologists are given little instruction on the importance of the therapeutic relationship, how to conceptualize this relationship, and how to balance this relationship with professionalism. Interprofessional collaboration with social workers provides a rich opportunity to learn ways to form and utilize the benefits of a strong therapeutic relationship while maintaining high standards of ethical behavior. Conclusion This clinical focus article provides speech-language pathologists with the “nuts and bolts” for considering elements of the therapeutic relationship. This is an area that is gaining traction in the field of speech-language pathology and warrants further investigation.


2008 ◽  
Vol 24 (4) ◽  
pp. 218-225 ◽  
Author(s):  
Bertram Gawronski ◽  
Roland Deutsch ◽  
Etienne P. LeBel ◽  
Kurt R. Peters

Over the last decade, implicit measures of mental associations (e.g., Implicit Association Test, sequential priming) have become increasingly popular in many areas of psychological research. Even though successful applications provide preliminary support for the validity of these measures, their underlying mechanisms are still controversial. The present article addresses the role of a particular mechanism that is hypothesized to mediate the influence of activated associations on task performance in many implicit measures: response interference (RI). Based on a review of relevant evidence, we argue that RI effects in implicit measures depend on participants’ attention to association-relevant stimulus features, which in turn can influence the reliability and the construct validity of these measures. Drawing on a moderated-mediation model (MMM) of task performance in RI paradigms, we provide several suggestions on how to address these problems in research using implicit measures.


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