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This collection is the first book-length examination of the various epistemological issues underlying legal trials. Trials are centrally concerned with determining truth: whether a criminal defendant has in fact culpably committed the act of which they are accused, or whether a civil defendant is in fact responsible for the damages alleged by the plaintiff. Truth is not, however, the only epistemic value which seems relevant to how trials proceed. We may think that a jury shouldn’t convict a defendant, even one who is as a matter of fact guilty, unless its members know or at least are justified in believing that the defendant committed the crime in question. Similarly, we might reasonably assume that the trier of fact must have some level of understanding to reach an adequate verdict in any case, but legitimate questions arise as to what level of understanding should be required. The essays collected in this volume consider a range of epistemological issues raised by trials, such as how much credence jurors should give to eyewitness testimony, the admissibility and role of statistical evidence, and the appropriate standards of proof in different contexts. The Social Epistemology of Legal Trials will be of interest to scholars and upper-level students working on issues at the intersection of epistemology and philosophy of law.
What if anything justifies us in believing the testimony of others? How should we react to disagreement between ourselves and our peers, and to disagreement among the experts when we ourselves are novices? Can beliefs be held by groups of people in addition to the people composing those groups? And if so, how should groups go about forming their beliefs? How should we design social systems, such as legal juries and scientific research-sharing schemes, to promote knowledge among the people who engage in them? When different groups of people judge different beliefs to be justified, how can we tell which groups are correct? These questions are at the heart of the vital discipline of social epistemology. The classic articles in this volume address these questions in ways that are both cutting-edge and easy to understand. This volume will be of great interest to scholars and students in epistemology.
Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.
This book uses the framework of care ethics to articulate a novel theory of our epistemic obligations to one another. It presents an original way to understand our epistemic vulnerabilities, our obligations in education, and our care duties toward others with whom we stand in epistemically vulnerable relationships. As embodied and socially interdependent knowers, we have obligations to one another that are generated by our ability to care – that is, to meet each other’s epistemic vulnerabilities. The author begins the book by arguing that the same motivations that moved social epistemologists away from individualistic epistemology should motivate a move to a care-based theory. The following chapters outline our epistemic care duties to vulnerable agents, and offer criteria of epistemic goodness for communities of inquiry. Finally, the author discusses the tension between epistemic care and epistemic paternalism. Epistemic Care will be of interest to scholars and advanced students working in social epistemology, ethics, feminist philosophy, and philosophy of education.
Edited by an international team of leading scholars, The Routledge Handbook of Social Epistemology is the first major reference work devoted to this growing field. The Handbook’s 46 chapters, all appearing in print here for the first time, and written by philosophers and social theorists from around the world, are organized into eight main parts: Historical Backgrounds The Epistemology of Testimony Disagreement, Diversity, and Relativism Science and Social Epistemology The Epistemology of Groups Feminist Epistemology The Epistemology of Democracy Further Horizons for Social Epistemology With lists of references after each chapter and a comprehensive index, this volume will prove to be the definitive guide to the burgeoning interdisciplinary field of social epistemology.
Criminal courts make decisions that can remove the liberty and even life of those accused. Civil trials can cause the bankruptcy of companies employing thousands of people, asylum seekers being deported, or children being placed into state care. Selecting the right standards when deciding legal cases is of utmost importance in giving those affected a fair deal. This Element is an introduction to the philosophy of legal proof. It is organised around five questions. First, it introduces the standards of proof and considers what justifies them. Second, it discusses whether we should use different standards in different cases. Third, it asks whether trials should end only in binary outcomes or use more fine-grained or precise verdicts. Fourth, it considers whether proof is simply about probability, concentrating on the famous 'Proof Paradox'. Finally, it examines who should be trusted with deciding trials, focusing on the jury system.
This book uses the psychological literature on rationality to weigh in on the recent debate between virtue epistemologists and epistemic situationists. It argues that both sides have misconstrued the literature and that an interactionist framework is needed to square epistemic theory with empirical facts about reasoning and inference. The explosion of empirical literature on human rationality has led to seismic shifts across a multitude of academic disciplines. This book considers its implications for epistemology. In particular, it critically evaluates the treatment of the rationality literature within the recent controversy between virtue epistemologists, who attempt to ground knowledge in stable epistemic virtues, and epistemic situationists, who claim that such a project is doomed by empirical evidence of widespread irrationality. It links this foundational controversy to two of the most important debates in psychology: the Rationality Wars and the person-situation debate. The book argues that both virtue theorists and epistemic situationists have misunderstood the implications of these debates, leading them to focus exclusively on personal dispositions and situational factors as two independent sources of epistemic success, failure, and improvement. A more accurate reading of the empirical literature implies that interactions between epistemic agents and their social, informational, and institutional environments are the fundamental drivers of both rational and irrational behaviour. An interactionist framework motivated by this insight conceives of epistemic virtues and vices as both responsive to and responsible for the environments in which they’re manifested and cultivated. The central aim of this book is to present and defend this novel type of virtue epistemology. Rationality in Context will be of interest to scholars and advanced students working in epistemology, philosophy of science, philosophy of psychology, cognitive psychology, and social psychology.
This volume bridges contemporary philosophical conceptions of risk and responsibility and offers an extensive examination of the topic. It shows that risk and responsibility combine in ways that give rise to new philosophical questions and problems. Philosophical interest in the relationship between risk and responsibility continues to rise, due in no small part due to environmental crises, emerging technologies, legal developments, and new medical advances. Despite such interest, scholars are just now working out how to conceive of the links between risk and responsibility, the implications that risks may have to conceptions of responsibility (and vice versa), as well as how such theorizing might play out in applied cases. With contributions from leading scholars, this volume brings together new work examining the interplay between risk and responsibility, exploring its varied philosophical aspects and applications to contemporary issues in law, bioethics, technology, and environmental ethics. Risk and Responsibility in Context will be of interest to philosophers working in ethics, bioethics, philosophy of law, and philosophy of technology, as well as scholars and practitioners in law, health and science management, public policy, and environmental studies.
"The Knowledge Book" is a unique interdisciplinary reference work for students and researchers concerned with the nature of knowledge. It is the first work of its kind to be organized on the assumption that whatever else knowledge might be, it is intrinsically social. The book consists of 42 alphabetically arranged entries on key concepts at the intersection of philosophy and sociology - what used to be called "sociology of knowledge" but is now increasingly called "social epistemology". The entries include concepts common to disciplines that in recent years have devoted more of their attention to knowledge: cultural studies, communication studies, information science, education, policy studies and business studies. Special attention is given to concepts from the emerging field of science and technology studies. Each entry presents a short, self-contained essay providing an overview of a concept and concludes with suggestions for further reading. All the entries are fully cross-referenced, allowing readers to both make connections and follow their own interests.
In this exploration of new territory between ethics and epistemology, Miranda Fricker argues that there is a distinctively epistemic type of injustice, in which someone is wronged specifically in their capacity as a knower. Justice is one of the oldest and most central themes in philosophy, but in order to reveal the ethical dimension of our epistemic practices the focus must shift to injustice. Fricker adjusts the philosophical lens so that we see through to the negative space that is epistemic injustice. The book explores two different types of epistemic injustice, each driven by a form of prejudice, and from this exploration comes a positive account of two corrective ethical-intellectual virtues. The characterization of these phenomena casts light on many issues, such as social power, prejudice, virtue, and the genealogy of knowledge, and it proposes a virtue epistemological account of testimony. In this ground-breaking book, the entanglements of reason and social power are traced in a new way, to reveal the different forms of epistemic injustice and their place in the broad pattern of social injustice.