Epistemic Disagreement in Social Epistemology

The article presents the problem of epistemic disagreement as part of social epistemology, particularly considering the conditions of rational disagreement (equal weight view). Against this background some versions of epistemic “bootstrapping” are addressed that serve to give advantage to one of the disputing parties. As a result, a conclusion is drawn that the kinds of bootstrapping portrayed are epistemically irrelevant, which also casts doubt on Bayesian epistemology, for it mixes two different types of rational decision making – practical and epistemic.

REASONABLE DOUBT AND DISAGREEMENT

ABSTRACTThe right to trial by jury and the requirement of proof beyond a reasonable doubt are two of the most fundamental commitments of American criminal law. This article asks how the two are related, that is, whether disagreement among jurors implies anything about whether the beyond a reasonable doubt standard has been satisfied: Does the due process requirement of the beyond a reasonable doubt standard also require jury unanimity in criminal cases? Drawing on literature about the epistemological significance of disagreement, this article considers the “equal-weight view” and its implications for the unanimity rule in criminal jury decision-making. The equal-weight view says that, roughly speaking, when people disagree on a topic, each view should be given equal weight. This implies, this article concludes, that the unanimity rule is required as a way of enforcing the beyond a reasonable doubt requirement. This article further concludes, however, that jurors should not always be instructed to apply the equal-weight view in their deliberation. Jurors, when applying crime definitions to particular cases, make determinations about both historical facts and normative issues through moral terms like “reckless,” “unjustifiable,” “depraved,” “cruel,” and “heinous,” which are common in criminal law. This article argues that while the equal-weight view should guide the jurors in determining factual issues, it is not the correct model for moral issues, not only because it would imply that acquittals are appropriate in many cases involving controversial moral questions but also because having the jurors follow it would undermine the basic justification for having the criminal jury as an articulator and enforcer of morality.

Moral Intuitions, Reliability, and Disagreement

There is an ancient, yet still lively, debate in moral epistemology about the epistemic significance of disagreement. One of the important questions in that debate is whether, and to what extent, the prevalence and persistence of disagreement between our moral intuitions causes problems for those who seek to rely on intuitions in order to make moral decisions, issue moral judgments, and craft moral theories. Meanwhile, in general epistemology, there is a relatively young, and very lively, debate about the epistemic significance of disagreement. A central question in that debate concerns peer disagreement: When I am confronted with an epistemic peer with whom I disagree, how should my confidence in my beliefs change (if at all)? The disagreement debate in moral epistemology has not been brought into much contact with the disagreement debate in general epistemology (though McGrath [2007] is an important exception). A purpose of this paper is to increase the area of contact between these two debates. In Section 1, I try to clarify the question I want to ask in this paper – this is the question whether we have any reasons to believe what I shall call “anti-intuitivism.” In Section 2, I argue that anti-intuitivism cannot be supported solely by investigating the mechanisms that produce our intuitions. In Section 3, I discuss an anti-intuitivist argument from disagreement which relies on the so-called “Equal Weight View.” In Section 4, I pause to clarify the notion of epistemic parity and to explain how it ought to be understood in the epistemology of moral intuition. In Section 5, I return to the anti-intuitivist argument from disagreement and explain how an apparently-vulnerable premise of that argument may be quite resilient. In Section 6, I introduce a novel objection against the Equal Weight View in order to show how I think we can successfully resist the anti-intuitivist argument from disagreement.

A HIGHER-ORDER APPROACH TO DISAGREEMENT

ABSTRACTWhile many philosophers have agreed that evidence of disagreement is a kind of higher-order evidence, this has not yet resulted in formally precise higher-order approaches to the problem of disagreement. In this paper, we outline a simple formal framework for determining the epistemic significance of a body of higher-order evidence, and use this framework to motivate a novel interpretation of the popular “equal weight view” of peer disagreement – we call it the Variably Equal Weight View (VEW). We show that VEW differs from the standard Split the Difference (SD) interpretation of the equal weight view in almost all cases of peer disagreement, and use our formal framework to explain why SD has seemed attractive but is in fact misguided. A desirable feature of VEW, we argue, is that it gives rise to plausible instances of synergy – an effect whereby the parties to a disagreement should become more (or less) confident in the disputed proposition than any of them were prior to disagreement. Lastly, we show how VEW may be generalized to cases of non-peer disagreement.

PEER DISAGREEMENT AND THE DUNNING-KRUGER EFFECT

ABSTRACTI argue that recent evidence about our self-serving biases has radical implications for the epistemology of peer disagreement. I conclude that much of the time when you are disagreeing with someone you regard as your epistemic peer, you should not merely move halfway to her judgment, as The Equal Weight View has it. That is not conciliatory enough. Surprisingly often, you should be at least weakly confident that you are wrong, and that your disputant is right.

Unconfirmed peers and spinelessness

The Equal Weight View holds that, when we discover we disagree with an epistemic peer, we should give our peer’s judgment as much weight as our own. But how should we respond when we cannot tell whether those who disagree with us are our epistemic peers? I argue for a position I will call the Earn-a-Spine View. According to this view, parties to a disagreement can remain confident, at least in some situations, by finding justifiable reasons to think their opponents are less credible than themselves, even if those reasons are justifiable only because they lack information about their opponents.