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The competent judge problem
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Brownlee, Kimberley (2016) The competent judge problem. Ratio, 29 (3). pp. 312-326. doi:10.1111/rati.12099 ISSN 0034-0006.
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Official URL: https://doi.org/10.1111/rati.12099
Abstract
We face an epistemic problem in competently judging some types of experience. The problem arises when an experience either defies our efforts to assess its quality, such as a traumatic event, or compromises our abilities to assess quality in general, such as starvation. In the latter type of case, the competent judge problem is actually a paradox since the experience undermines our competence to judge at the same time that it gives us competence to judge it against other experiences. The problem is pressing because it arises for experiences at the more extreme ends of the spectrum, which are precisely the experiences we most want to judge competently. It also has implications for how we approach some practical ethical problems, such as solitary confinement. The paper explores a range of cases and explains why efforts to escape the competent judge problem may prove fruitless.1
Item Type: | Journal Article | ||||||||
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Subjects: | K Law [Moys] > KA Jurisprudence | ||||||||
Divisions: | Faculty of Social Sciences > School of Law | ||||||||
Library of Congress Subject Headings (LCSH): | Law -- Decision making -- Philosophy, Decision making -- Moral and ethical aspects, Persons, Utilitarianism, Knowledge, Theory of | ||||||||
Journal or Publication Title: | Ratio | ||||||||
Publisher: | Wiley-Blackwell Publishing Ltd. | ||||||||
ISSN: | 0034-0006 | ||||||||
Official Date: | September 2016 | ||||||||
Dates: |
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Volume: | 29 | ||||||||
Number: | 3 | ||||||||
Page Range: | pp. 312-326 | ||||||||
DOI: | 10.1111/rati.12099 | ||||||||
Status: | Peer Reviewed | ||||||||
Publication Status: | Published | ||||||||
Reuse Statement (publisher, data, author rights): | "This is the peer reviewed version of the following article: Brownlee, K. (2016), The Competent Judge Problem. Ratio, 29: 312-326. which has been published in final form at https://doi.org/10.1111/rati.12099. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Use of Self-Archived Versions." | ||||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||||
Date of first compliant deposit: | 28 December 2015 | ||||||||
Date of first compliant Open Access: | 12 November 2020 | ||||||||
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