De Re Beliefs and Evidence in Legal Cases

161697-Thumbnail Image.png
Description
For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence

For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah Moss’ knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof.
Date Created
2021
Agent

A defense of transitivity

153572-Thumbnail Image.png
Description
This thesis seeks to defend transitivity as a rational constraint on preferences against two putative counterexamples to transitivity. This thesis is divided into three sections. In the first section, I consider two famous and popular arguments in defense of transitivity

This thesis seeks to defend transitivity as a rational constraint on preferences against two putative counterexamples to transitivity. This thesis is divided into three sections. In the first section, I consider two famous and popular arguments in defense of transitivity and argue they are insufficient to adequately defend transitivity. I then outline a desiderata for successful arguments in defense of transitivity and identify some basic assumptions I will be making throughout the thesis. In section two, I consider the first putative counterexample to transitivity: Quinn’s Puzzle of the Self-Torturer. I offer two plausible interpretations of Quinn’s puzzle and argue that both fail. One because it does not genuinely induce intransitive preferences, and the other because the situation it requires is logically impossible. I conclude this section by defending my arguments against known objections in the literature. Finally, in the third section, I consider a counterexample to transitivity from Larry Temkin that has received little attention in the literature. I argue that while the initial counterexample is unpersuasive it can be augmented and made into a more forceful argument. I then argue that this improved counterexample fails due to some erroneous assumptions prevalent in the literature on incomparability. I conclude the thesis with a brief summary and some closing remarks.
Date Created
2015
Agent

Experimental research on substitution intuitions in simple sentences

152571-Thumbnail Image.png
Description
The purpose of this thesis is to present and analyze experimental evidence involving anti-substitution intuitions about co-referential names in simple sentences. In her book Simple Sentences, Substitution, and Intuitions, Jennifer Saul claims that anti-substitution intuitions involving co-referential names in simple

The purpose of this thesis is to present and analyze experimental evidence involving anti-substitution intuitions about co-referential names in simple sentences. In her book Simple Sentences, Substitution, and Intuitions, Jennifer Saul claims that anti-substitution intuitions involving co-referential names in simple sentences are particularly resistant, so much so that they exist even when one is given an identity statement that shows that the two names refer to the same individual. She uses this claim to motivate her thesis that a psychological explanation is needed to understand why these anti-substitution intuitions exist. Her theory is that before people know that two names co-refer to an individual, they have two "nodes" or "mental files" that contain information that is associated with the name. Saul claims that the reason anti-substitution intuitions in simple sentences involving co-referential names are resistant is that when people find out that two names co-refer to an individual, they do not merge the nodes into a single node, but instead the nodes are kept separate and are linked. The linked nodes then are capable of sharing information, though they do not do so by default. Instead, good reasons are needed for the sharing of information. The experimental results show that, contrary to Saul's claims, anti-substitution intuitions of this sort are not resistant such that they persist even when one is given the identity statement. This evidence is used to call into doubt the psychological explanation given by Saul and is used to raise the possibility that a particular implicature view can better explain these anti-substitution intuitions.
Date Created
2014
Agent

Emergence and cosmic hermeneutics

152069-Thumbnail Image.png
Description
Emergentism offers a promising compromise in the philosophy of mind between Cartesian substance dualism and reductivistic physicalism. The ontological emergentist holds that conscious mental phenomena supervene on physical phenomena, but that they have a nature over and above the physical.

Emergentism offers a promising compromise in the philosophy of mind between Cartesian substance dualism and reductivistic physicalism. The ontological emergentist holds that conscious mental phenomena supervene on physical phenomena, but that they have a nature over and above the physical. However, emergentist views have been subjected to a variety of powerful objections: they are alleged to be self-contradictory, incompatible with mental causation, justified by unreliable intuitions, and in conflict with our contemporary scientific understanding of the world. I defend the emergentist position against these objections. I clarify the concepts of supervenience and of ontological novelty in a way that ensures the emergentist position is coherent, while remaining distinct from physicalism and traditional dualism. Making note of the equivocal way in which the concept of sufficiency is used in Jaegwon Kim's arguments against emergent mental causation, I argue that downward causation does not entail widespread overdetermination. I argue that considerations of ideal a priori deducibility from some physical base, or "Cosmic Hermeneutics", will not themselves provide answers to where the cuts in the structure of nature lie. Instead, I propose reconsidering the question of Cosmic Hermeneutics in terms of which cognitive resources would be required for the ideal reasoner to perform the deduction. Lastly, I respond to the objection that emergence in the philosophy of mind is in conflict with our contemporary scientific understanding of the world. I suggest that a kind of weak ontological emergence is a viable form of explanation in many fields, and discuss current applications of emergence in biology, sociology, and the study of complex systems.
Date Created
2013
Agent