{"title":"Statistical evidence and incentives in the law","authors":"J. Hawthorne, Yoaav Isaacs, Vishnu Sridharan","doi":"10.1111/phis.12201","DOIUrl":"https://doi.org/10.1111/phis.12201","url":null,"abstract":"","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47333406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper uses some modest claims about knowledge to identify a significant problem for contemporary American trial procedure. First, suppose that legal proof requires knowledge. In particular, suppose that the defendant in a jury trial is proven guilty only if the jury knows that the defendant is guilty. Second, suppose that knowledge is subject to pragmatic encroachment. In particular, whether the jury knows the defendant is guilty depends on what’s at stake in their decision to convict, including the consequences that the defendant may face if convicted. Then in order to know whether a defendant has been proven guilty, jurors may need to know something about the potential consequences of conviction. But in nearly every American criminal trial, this information is withheld from jurors. In §1, I lay out the philosophical premises of my argument. In §2, I say more about why these premises present a problem for American trial procedure, and I identify social and political structures that exacerbate the problem. I describe the reasoning that has led courts to withhold sentencing information from jurors, and I diagnose the flaw in this reasoning. In §3, I expand my initial argument, strengthening its conclusions and offering alternative sets of premises that still entail them. I argue that the legal ramifications of pragmatic encroachment depend on highly controversial questions in epistemology, questions about the precise nature of practical stakes. In §4, I propose strategies for legal reform.
{"title":"Pragmatic encroachment and legal proof","authors":"S. Moss","doi":"10.1111/phis.12207","DOIUrl":"https://doi.org/10.1111/phis.12207","url":null,"abstract":"This paper uses some modest claims about knowledge to identify a significant problem for contemporary American trial procedure. First, suppose that legal proof requires knowledge. In particular, suppose that the defendant in a jury trial is proven guilty only if the jury knows that the defendant is guilty. Second, suppose that knowledge is subject to pragmatic encroachment. In particular, whether the jury knows the defendant is guilty depends on what’s at stake in their decision to convict, including the consequences that the defendant may face if convicted. Then in order to know whether a defendant has been proven guilty, jurors may need to know something about the potential consequences of conviction. But in nearly every American criminal trial, this information is withheld from jurors. In §1, I lay out the philosophical premises of my argument. In §2, I say more about why these premises present a problem for American trial procedure, and I identify social and political structures that exacerbate the problem. I describe the reasoning that has led courts to withhold sentencing information from jurors, and I diagnose the flaw in this reasoning. In §3, I expand my initial argument, strengthening its conclusions and offering alternative sets of premises that still entail them. I argue that the legal ramifications of pragmatic encroachment depend on highly controversial questions in epistemology, questions about the precise nature of practical stakes. In §4, I propose strategies for legal reform.","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":"6 5","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41311484","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Toward a normative theory of parole grounded in agency","authors":"Kristen Bell","doi":"10.1111/phis.12205","DOIUrl":"https://doi.org/10.1111/phis.12205","url":null,"abstract":"","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44714177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Rethinking the wrong of rape\u0000 1","authors":"Karyn L. Freedman","doi":"10.1111/phis.12202","DOIUrl":"https://doi.org/10.1111/phis.12202","url":null,"abstract":"","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49468731","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
moral or political consequences of widespread adoption of that theory. To suppose otherwise turns large swaths of legal theory into wishful thinking.
广泛采用该理论的道德或政治后果。相反的假设会把大量的法律理论变成一厢情愿的想法。
{"title":"The pragmatist school in analytic jurisprudence","authors":"Raff Donelson","doi":"10.1111/phis.12204","DOIUrl":"https://doi.org/10.1111/phis.12204","url":null,"abstract":"moral or political consequences of widespread adoption of that theory. To suppose otherwise turns large swaths of legal theory into wishful thinking.","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43946408","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Many have attempted to justify various courts’ position that bare or naked statistical evidence is not sufficient for findings of liability. I provide a particular explanation by examining a different, but related, issue about when and why stereotyping is wrong. One natural explanation of wrongness of stereotyping appeals to agency. However, this has been scrutinised. In this paper, I argue that we should broaden our understanding of when and how our agency can be undermined. In particular, I argue that when we take seriously that our agency is exercised in the social world, we can see that stereotyping can and does undermine our agency by fixing the social meaning of our choices and actions as well as by reducing the quality and the kinds of choices that are available to us. Although this improves the agency-based explanation, it must be noted that undermining agency is not an overriding reason against stereotyping. Much depends on the balance of reasons that take into account moral stakes involved in a case of stereotyping. This results in a messier picture of when and why stereotyping is wrong, but I argue that this is a feature, not a bug. I end by applying this agency-based explanation to cases that have motivated the so-called Proof Paradoxes.
{"title":"Proof Paradoxes, Agency, and Stereotyping","authors":"Aness Kim Webster","doi":"10.1111/phis.12191","DOIUrl":"https://doi.org/10.1111/phis.12191","url":null,"abstract":"Many have attempted to justify various courts’ position that bare or naked statistical evidence is not sufficient for findings of liability. I provide a particular explanation by examining a different, but related, issue about when and why stereotyping is wrong. One natural explanation of wrongness of stereotyping appeals to agency. However, this has been scrutinised. In this paper, I argue that we should broaden our understanding of when and how our agency can be undermined. In particular, I argue that when we take seriously that our agency is exercised in the social world, we can see that stereotyping can and does undermine our agency by fixing the social meaning of our choices and actions as well as by reducing the quality and the kinds of choices that are available to us. Although this improves the agency-based explanation, it must be noted that undermining agency is not an overriding reason against stereotyping. Much depends on the balance of reasons that take into account moral stakes involved in a case of stereotyping. This results in a messier picture of when and why stereotyping is wrong, but I argue that this is a feature, not a bug. I end by applying this agency-based explanation to cases that have motivated the so-called Proof Paradoxes.","PeriodicalId":46360,"journal":{"name":"Philosophical Issues","volume":" ","pages":""},"PeriodicalIF":0.7,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44939802","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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