Knowledge and merely predictive evidence

IF 1.1 1区 哲学 0 PHILOSOPHY
Haley Schilling Anderson
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引用次数: 0

Abstract

A jury needs “proof beyond a reasonable doubt” in order to convict a defendant of a crime. The standard is vexingly difficult to pin down, but some legal epistemologists have given this account: knowledge is the standard of legal proof. On this account, a jury should deliver a guilty verdict just in case they know that the defendant is guilty. In this paper, I’ll argue that legal proof requires more than just knowledge that a defendant is guilty. In cases of “merely predictive evidence,” a jury knows that the defendant is guilty but does not have legal proof. What are they missing? Evidence that is causally downstream from the crime. Legal proof requires a “smoking gun.” The point generalizes outside of the courtroom. A professor needs to read a term paper before assigning a grade, even if she knows the student will produce A + work. You may know that your roommate will forget to water the plants while you are away—she is scatterbrained and always forgets these things—but you can’t blame her until you get back home and see that the plants are wilting. In order to have appropriate reactions or reactive attitudes, we must respond causally to what other people have done.

知识和仅仅是预测证据
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来源期刊
PHILOSOPHICAL STUDIES
PHILOSOPHICAL STUDIES PHILOSOPHY-
CiteScore
2.60
自引率
7.70%
发文量
127
期刊介绍: Philosophical Studies was founded in 1950 by Herbert Feigl and Wilfrid Sellars to provide a periodical dedicated to work in analytic philosophy. The journal remains devoted to the publication of papers in exclusively analytic philosophy. Papers applying formal techniques to philosophical problems are welcome. The principal aim is to publish articles that are models of clarity and precision in dealing with significant philosophical issues. It is intended that readers of the journal will be kept abreast of the central issues and problems of contemporary analytic philosophy. Double-blind review procedure The journal follows a double-blind reviewing procedure. Authors are therefore requested to place their name and affiliation on a separate page. Self-identifying citations and references in the article text should either be avoided or left blank when manuscripts are first submitted. Authors are responsible for reinserting self-identifying citations and references when manuscripts are prepared for final submission.
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