Gardiner, Georgi. The She Said, He Said Paradox and the Proof Paradox
2021, In Zachary Hoskins and Jon Robson (eds.), The Social Epistemology of Legal Trials. Routledge, pp. 124–143.
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
This essay introduces the ‘she said, he said’ paradox for Title IX investigations. ‘She said, he said’ cases are accusations of rape, followed by denials, with no further significant case-specific evidence available to the evaluator. In such cases, usually the accusation is true. Title IX investigations adjudicate sexual misconduct accusations in US educational institutions; I address whether they should be governed by the ‘preponderance of the evidence’ standard of proof or the higher ‘clear and convincing evidence’ standard. Orthodoxy holds that the ‘preponderance’ standard is satisfied if the evidence adduced renders the litigated claim more likely than not. On this view, I argue, ‘she said, he said’ cases satisfy the ‘preponderance’ standard. But this consequence conflicts with plausible liberal and feminist claims. In this essay I contrast the ‘she said, he said’ paradox with legal epistemology’s proof paradox. I explain how both paradoxes arise from the distinction between individualised and non-individualised evidence, and I critically evaluate responses to the ‘she said, he said’ paradox.Comment: This can be paired with an essay on the proof paradox in legal epistemology. Gardiner has a "cheat sheet" on her website for teaching this essay.
Gardiner, Georgi. Corroboration
2023, American Philosophical Quarterly 60(2): 131–148.
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
Corroborating evidence supports a proposition that is already supported by other initial evidence. It bolsters or confirms the original body of evidence. Corroboration has striking psychological and epistemic force: It potently affects how people do and should assess the target proposition. This essay investigates the distinctive powers of corroborating evidence. Corroboration does not simply increase the quantifiable probability of the adjudicated claim. Drawing on the relevant alternatives framework, I argue that corroboration winnows remaining uneliminated error possibilities. This illuminates the independence, weight, and non-fungibility of corroborating evidence. I compare corroborating evidence to prudential safeguards, like fire doors, that forfend against non-epistemic harms. I thereby sketch a general, non-quantificational model of risk management. Finally, I turn to legal corroboration requirements and the epistemic significance of corroboration for legal proof.Comment: Can be used to either introduce the Relevant Alternatives Theory or as part of a sequence on legal epistemology. Gardiner has a "cheat sheet" on her website for teaching this essay.
Gardiner, Georgi, Zaharatos, Brian. The Safe, the Sensitive, and the Severely Tested: A Unified Account
2022, Synthese 200(5): 1–33
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
This essay presents a unified account of safety, sensitivity, and severe testing. S’s belief is safe iff, roughly, S could not easily have falsely believed p, and S’s belief is sensitive iff were p false S would not believe p. These two conditions are typically viewed as rivals but, we argue, they instead play symbiotic roles. Safety and sensitivity are both valuable epistemic conditions, and the relevant alternatives framework provides the scaffolding for their mutually supportive roles. The relevant alternatives condition holds that a belief is warranted only if the evidence rules out relevant error possibilities. The safety condition helps categorise relevant from irrelevant possibilities. The sensitivity condition captures ‘ruling out’. Safety, sensitivity, and the relevant alternatives condition are typically presented as conditions on warranted belief or knowledge. But these properties, once generalised, help characterise other epistemic phenomena, including warranted inference, legal verdicts, scientific claims, reaching conclusions, addressing questions, warranted assertion, and the epistemic force of corroborating evidence. We introduce and explain Mayo’s severe testing account of statistical inference. A hypothesis is severely tested to the extent it passes tests that probably would have found errors, were they present. We argue Mayo’s account is fruitfully understood using the resulting relevant alternatives framework. Recasting Mayo’s condition using the conceptual framework of contemporary epistemology helps forge fruitful connections between two research areas—philosophy of statistics and the analysis of knowledge—not currently in sufficient dialogue. The resulting union benefits both research areas.Comment: This essay can be paired with Deborah Mayo, to explain her view. It can also be used at the end of a "safety versus sensitivity" modue or a module on rival theories of knowledge, to suggest how the views can be compatible. The math can be skipped over. Gardiner has a "cheat sheet" on her website for this essay.
Gardiner, Georgi, Smith, Jacob. Opacity of Character: Virtue Ethics and the Legal Admissibility of Character Evidence
2021, Philosophical Issues 31(1): 334–354
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. Situationism is, after all, presented as antithetical to virtue ethics. This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law.Comment: Students (and teachers) don’t need to know any evidence law for this essay. Serves as a useful prep for law school applications. Gardiner has a "cheat sheet" on her website for teaching this essay.
Gardiner, Georgi. In Defence of Reasonable Doubt
2017, Journal of Applied Philosophy 34(2): 221–41.
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
In criminal trials the state must establish, to a particular standard of proof, the defendant's guilt. The most widely used and important standard of proof for criminal conviction is the ‘beyond a reasonable doubt' standard. But what legitimates this standard, rather than an alternative? One view holds the standard of proof should be determined or justified – at least in large part – by its consequences. In this spirit, Laudan uses crime statistics to estimate risks the average citizen runs of being violently victimised and falsely convicted. He argues that since the former risk is higher, and the aggregate harms are worse, the standard of proof should be substantially lowered. He presents a formula for calculating the preferred standard. In this article I outline various ways Laudan's uses of crime statistics are flawed, and explain how he substantially overestimates risks of victimhood and underestimates costs of false convictions. I also explain why his formula is mistaken, and illuminate consequences Laudan neglects. I conclude that, even if consequences determine the appropriate standard of proof, Laudan's arguments fail to show the standard is too high. I conclude by suggesting that the inadequacies of Laudan's reasoning might be good news for consequence-based justifications of the standard of proof.Comment: You could assign Larry Laudan (2011), ‘The Rules of Trial, Political Morality and the Costs of Error’ in Leslie Green & Brian Leiter (eds) Oxford Studies in Philosophy of Law, pp. 195–227, followed by this essay as it provides a direct critique of the former. It shows how dangerous poorly reasoning with numbers can be. Students and teachers do not need to know any statistics or crime data for this essay.
Gardiner, Georgi. Relevance and Risk: Relevant Alternatives and the Epistemology of Risk
2021, Synthese 199: 481–511.
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Added by: Clotilde Torregrossa, Contributed by: Georgi GardinerAbstract:
The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences are significant if the belief is false. The second locus concerns whether beliefs themselves—regardless of action—can be risky, costly, or harmful. The third locus concerns epistemic risks we confront as social epistemic agents. I aim to motivate the relevant alternatives framework as a fruitful approach to the epistemology of risk. I first articulate a ‘relevant alternatives’ model of the relationship between stakes, evidence, and action. I then employ the relevant alternatives framework to undermine the motivation for moral encroachment. Finally, I argue the relevant alternatives framework illuminates epistemic phenomena such as gaslighting, conspiracy theories, and crying wolf, and I draw on the framework to diagnose the undue skepticism endemic to rape accusations.Comment: You can assign sections 1-6 to introduce epistemological theory, and then (the next class) teach sections 7 to 9 as social applications. This breaks the essay into two sections of equal length.
Garry, Ann, Serene J. Khader, Alison Stone. Introduction to The Routledge Companion to Feminist Philosophy
2017, In Garry, A., Khader, S. J., & Stone (Eds). The Routledge Companion to Feminist Philosophy. Routledge: New York, pp. 1-10
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Abstract:
In this introductory chapter to "The Routledge Companion of Feminist Philosophy", Garry, Khader and Stone examine the different applications of feminist philosophy outside political philosophy, as well as the different questions concerning this subdiscipline, other than the impact of gender in society and the injustices arising from it. While doing so, the editors advocate for a revision of the history of feminist thought in philosophy that takes a more intersectional approach, an approach that fully considers the role played by authors belonging to a minority group(s). This short chapter provides a quick overview of two very important questions. A first question is how the use of feminist approaches can enrich different more mainstream areas in philosophy, including philosophy of mind, philosophy of science and metaphysics, but also question the philosophical canon. A second question is how considering the voices that are underrepresented in the philosophical canon, including female and non-binary philosophers, but also, non-Western traditions, can shift our understanding of mainstream philosophical issues.Comment (from this Blueprint): This chapter should be read as a complimentary to McWeeny and Maitra's as further food for thought on how feminist thought can be applied to different areas of philosophy. Additionally, the authors introduce the notion of "intersectionality" and argue for a revision of the history of philosophy that considers the impact of discrimination in the promotion of different forms of thought. This text can also be a useful starting point or complimentary text for the readings of week 5.
Gendler, Tamar. Intuition, Imagination, and Philosophical Methodology
2010, Oxford: Oxford University Press.
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Added by: Jie GaoPublisher's Note: This volume consists of fourteen chapters that focus on a trio of interrelated themes. First: what are the powers and limits of appeals to intuition in supporting or refuting various sorts of claims? Second: what are the cognitive consequences of engaging with content that is represented as imaginary or otherwise unreal? Third: what are the implications of these issues for the methodology of philosophy more generally? These themes are explored in a variety of cases, including thought experiments in science and philosophy, early childhood pretense, self?deception, cognitive and emotional engagement with fiction, mental and motor imagery, automatic and habitual behavior, and social categorization.Comment: The book contains fourteen previously published essays. The first six essays are on thought experiments and the use of the imagination therein. Mainly, these essays take up the tasks of explaining how thought experiments produce novel beliefs and explaining whether and how thought experiments justify beliefs. Those are good papers for teachings on methodology of philosophy and intuitions. The next six essays are on imagination in general: its nature, its role in motivating action and producing emotion, and its relations to other mental states. It covers a range of topics including the paradox of fictional emotions and the nature of self-deception, the puzzle of imaginative resistance, the problem of the precipice. The topic of the last two essays is a mental state called "alief" which are highly relevant materials for teachings on mental states in action, implicit bias and etc.
Gendler, Tamar. The Puzzle of Imaginative Resistance
2000, Journal of Philosophy 97 (2):55-81
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Added by: Andrea Blomqvist, Contributed by: Christy Mag UidhirAbstract: This chapter presents and discusses the puzzle of imaginative resistance: the puzzle of explaining our comparative difficulty in imagining fictional worlds that we take to be morally deviant. It suggests that the primary source of imaginative resistance lies not in our inability to imagine morally deviant situations, but in our unwillingness to do so. This diagnosis is then used to illuminate the nature of imagination itself: unlike belief, the contents of imagination are not restricted to those things we take to be true; but unlike mere supposition, imagination involves a certain sort of engaged participation on the part of the imaginer. The chapter also includes a brief discussion of the issue of truth‐in‐fiction. The author's views on the puzzle are contrasted with those of David Hume, Richard Moran, and Kendall Walton.Comment: Gendler argues here that there is truly a problem of imaginative restistance, and that it demonstrates something about the nature of imagination. This is a good introductory paper to the problem of imaginative resistance and the nature of imagination. It would be very suitable in a module focusing on philosophy of fiction.
Gendler, Tamar. Imaginative Resistance Revisisted
2006, In Shaun Nichols (ed.), The Architecture of the Imagination. Oxford University Press. pp. 149-173 (2006)
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Added by: Andrea BlomqvistSummary: This chapter discusses the puzzle of imaginative resistance, partially defending and partially refining the account presented in the previous chapter. It explores imaginative resistance as a special case of a more general puzzle the author calls the puzzle of authoritative breakdown: that when an author follows standard conventions for fictionally asserting P, engaged readers typically imagine P—but in some cases this relation falls apart. The bulk of the chapter is devoted to systematically identifying and explaining where and why this breakdown occurs, and to drawing connections with the literature on metaphor and perspective‐taking. The author's views are contrasted with those of David Hume, Brian Weatherson, Gregory Currie, Stephen Yablo, and Shaun Nichols.Comment: This paper would compliment other papers on imaginative resistance well in a module where this is the focus.
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