Andy Mueller

I discuss the knowledge account of legal proof in Moss (2023) and develop an alternative. The unifying thread throughout this article are reflections on the beyond reasonable doubt (BRD) standard of proof. In Section 1, I will introduce the details of Moss’s account and how she motivates it via the BRD standard. In Section 2, I will argue that there are important disanalogies between BRD and knowledge that undermine Moss’s argument. There is however another motivation for the knowledge account: combined with auxiliary claims, that is probabilistic knowledge and moral encroachment, it can provide a general solution to the puzzle of statistical evidence. Section 3 spells out the details. In Section 4, I suggest to combine the knowledge account with pragmatic encroachment, instead of moral encroachment, in order to stay clear of the thorny issues whether corporations have moral rights. In Section 5, I argue that the verdicts of Moss’s account in cases of false justified beliefs and non-luminous knowledge conflict with the BRD standard and thus call for abandoning the account. Based on the social function of the BRD standard, I suggest a replacement for the knowledge account that is also just as potent as a general solution for the puzzle of statistical evidence. While I will grant that knowledge is neither always necessary nor always sufficient for convictions, I will argue that the concept of knowledge nonetheless plays a significant and ineliminable role in legal decision-making.

This discussion article replies to a challenge for potential perspectivism raised by Davide Fassio in this journal. Potential Perspectivism holds that what one ought to do depends on facts that are potentially accessible. Fassio argues against potential perspectivism based on cases of conjunction agglomeration failure of facts that are potentially accessible. I offer a refined account of potential perspectivism that handles cases of conjunction agglomeration failure by spelling out the notion of a potential perspective in terms of sets. This account of potential perspectivism comes to plausible verdicts about what one ought to do in a wide range of cases.

In this book, Andy Mueller examines the ways in which epistemic and practical rationality are intertwined. In the first part, he presents an overview of the contemporary debates about epistemic norms for practical reasoning, and defends the thesis that epistemic rationality can make one practically irrational. Mueller proposes a contextualist account of epistemic norms for practical reasoning and introduces novel epistemic norms pertaining to ends and hope. In the second part Mueller considers current approaches to pragmatic encroachment in epistemology, ultimately arguing in favor of a new principle-based argument for pragmatic encroachment. While the book defends tenets of the knowledge-first programme, one of its main conclusions is thoroughly pragmatist: in an important sense, the practical has primacy over the epistemic.

I argue against Schroeder's explanation of pragmatic encroachment on knowledge. In section 1, I introduce pragmatic encroachment and point out that an explanation of it should avoid Pascalian considerations. In section 2, summarize the key aspects of Schroeder's explanation of pragmatic encroachment. In section 3, I argue that Schroeder's explanation faces a dilemma: it either allows for an objectionable form of Pascalian encroachment or it fails to be a fully general explanation of pragmatic encroachment.