"The Personal is Political": This was an often-heard slogan of feminist groups in the late sixties and early seventies. The slogan is no doubt open to many interpretations. There is one interpretation which touches on the epistemology of social facts, viz. the slogan claims that in assessing the features of a political system, personal experiences have privileged evidentiary value. For instancte, in the face of third person reports about political corruption, I may remain unmoved in my belief that the political (...) powers are morally upstanding, and it is only when I myself am adversely affected, that I come to change my views. There are two standard patterns of explanation of this type of belief formation: (i) We know that third-person reports may be lessreliable than first-person experiences; (ii) If the third-person reports are no less reliable than first-person experiences, we may just be dealing with a standard pattern of epistemic irrationality. However, we argue that there is also a much more surprising pattern of explanation: under certain conditions, a Bayesian argument can be proffered to the effect that it is rational to change one's beliefs in the face of personal experiences and not in the face of third-person reports, even if these experiences and reports are equally reliable. Hence, the feminist slogan (at least on one particular interpretation of it) receives unexpected support from Bayesian comers. We also show that this pattern of explanation has surprising repercussions on the question of the evidentiary value of miracles in philosophy of religion. (shrink)

The coherentist theory of justification provides a response to the sceptical challenge: even though the independent processes by which we gather information about the world may be of dubious quality, the internal coherence of the information provides the justification for our empirical beliefs. This central canon of the coherence theory of justification is tested within the framework of Bayesian networks, which is a theory of probabilistic reasoning in artificial intelligence. We interpret the independence of the information gathering processes (IGPs) in (...) terms of conditional independences, construct a minimal sufficient condition for a coherence ranking of information sets and assess whether the confidence boost that results from receiving information through independent IGPs is indeed a positive function of the coherence of the information set. There are multiple interpretations of what constitute IGPs of dubious quality. Do we know our IGPs to be no better than randomization processes? Or, do we know them to be better than randomization processes but not quite fully reliable, and if so, what is the nature of this lack of full reliability? Or, do we not know whether they are fully reliable or not? Within the latter interpretation, does learning something about the quality of some IGPs teach us anything about the quality of the other IGPs? The Bayesian-network models demonstrate that the success of the coherentist canon is contingent on what interpretation one endorses of the claim that our IGPs are of dubious quality. (shrink)

If you believe more things you thereby run a greater risk of being in error than if you believe fewer things. From the point of view of avoiding error, it is best not to believe anything at all, or to have very uncommitted beliefs. But considering the fact that we all in fact do entertain many specific beliefs, this recommendation is obviously in flagrant dissonance with our actual epistemic practice. Let us call the problem raised by this apparent conflict the (...) Addition Problem. In this paper we will find reasons to reject a particular premise used in the formulation of the Addition Problem, namely, the fundamental premise according to which believing more things increases the risk of error. As we will see, acquiring more beliefs need not decrease the probability of the whole, and hence need not increase the risk of error. In fact, more beliefs can mean an increase in the probability of the whole and a corresponding decrease in the risk of error. We will consider the Addition Problem as it arises in the context of the coherence theory of epistemic justification, while keeping firmly in mind that the point we wish to make is of epistemological importance also outside the specific coherentist dispute. The problem of determining exactly how the probability of the whole system depends on such factors as coherence, reliability and independence will be seen to open up an interesting area of research in which the theory of conditional independence structures is a helpful tool. (shrink)

Corroborating Testimony, Probability and Surprise’, Erik J. Olsson ascribes to L. Jonathan Cohen the claims that if two witnesses provide us with the same information, then the less probable the information is, the more confident we may be that the information is true (C), and the stronger the information is corroborated (C*). We question whether Cohen intends anything like claims (C) and (C*). Furthermore, he discusses the concurrence of witness reports within a context of independent witnesses, whereas the witnesses in (...) Olsson's model are not independent in the standard sense. We argue that there is much more than, in Olsson's words, ‘a grain of truth’ to claim (C), both on his own characterization as well as on Cohen's characterization of the witnesses. We present an analysis for independent witnesses in the contexts of decision-making under risk and decision-making under uncertainty and generalize the model for n witnesses. As to claim (C*), Olsson's argument is contingent on the choice of a particular measure of corroboration and is not robust in the face of alternative measures. Finally, we delimit the set of cases to which Olsson's model is applicable. 1 Claim (C) examined for Olsson's characterization of the relationship between the witnesses 2 Claim (C) examined for two or more independent witnesses 3 Robustness and multiple measures of corroboration 4 Discussion. (shrink)

We consider a decision board with representatives who vote on proposals on behalf of their constituencies. We look for decision rules that realize utilitarian and (welfarist) egalitarian ideals. We set up a simple model and obtain roughly the following results. If the interests of people from the same constituency are uncorrelated, then a weighted rule with square root weights does best in terms of both ideals. If there are perfect correlations, then the utilitarian ideal requires proportional weights, whereas the egalitarian (...) ideal requires equal weights. We investigate correlations that are in between these extremes and provide analytic arguments to connect our results to Barberà and Jackson (J Polit Econ 114(2):317–339, 2006) and to Banzhaf voting power. (shrink)

Book Review of Luc Bovens and Stephan Hartmann *Bayesian Epistemology* by Erik J. Olsson.

. Legal theory has so far focused exclusively on judicial activity, not on legislation. This is due to the specific legal framework of reasoning, upon which it is essential to act upon rules, wherever they come from. This form of legalism is criticized and replaced by weak legalism. Weak legalism makes it possible to detect the principles of legislation that underly the activity of the legislator. Legisprudence is the theory of these principles.

.The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.

In this contribution the author explores some aspects of the relation between sovereignty, democracy and representation. After shortly focusing on the idea of sovereignty, he then questions Rousseau's refusal to take representation into account within a democratic framework, an idea that is however latent in his general approach.

Probabilistic models have much to offer to philosophy. We continually receive information from a variety of sources: from our senses, from witnesses, from scientific instruments. When considering whether we should believe this information, we assess whether the sources are independent, how reliable they are, and how plausible and coherent the information is. Bovens and Hartmann provide a systematic Bayesian account of these features of reasoning. Simple Bayesian Networks allow us to model alternative assumptions about the nature of the information (...) sources. Measurement of the coherence of information is a controversial matter: arguably, the more coherent a set of information is, the more confident we may be that its content is true, other things being equal. The authors offer a new treatment of coherence which respects this claim and shows its relevance to scientific theory choice. Bovens and Hartmann apply this methodology to a wide range of much discussed issues regarding evidence, testimony, scientific theories, and voting. Bayesian Epistemology is an essential tool for anyone working on probabilistic methods in philosophy, and has broad implications for many other disciplines. (shrink)

The article deals with an interpretation of the work of Ch. Perelman. The author tries to determine the meaning of reasonableness in a hermeneutical and anthropological perspective. He then places the work of Perelman in the light of the theory of symbolic interactionism of G.H. Mead.

Abstract.This article focuses on a critical interpretation of the work of Unger. It is argued that Unger's view is less revolutionary than he depicts it and that American law often develops as Unger describes it, though this is absolutely no revolution. The authors further show what the possibilities and the limits of a transformative vocation at the bar can be.

The Tragedy of the Commons is often associated with an n-person Prisoner’s Dilemma. But it can also have the structure of an n-person Game of Chicken, an Assurance Game, or of a Voting Games (or a Three-in-a-Boat Game). I present three historical stories that document tragedies of the commons, as presented in Aristotle, Mahanarayan and Hume and argue that the descriptions of these historical cases align better with Voting Games than with any other games.

In “Judy Benjamin is a Sleeping Beauty” (2010) Bovens recognises a certain similarity between the Sleeping Beauty (SB) and the Judy Benjamin (JB). But he does not recognise the dissimilarity between underlying protocols (as spelled out in Shafer (1985). Protocols are expressed in conditional probability tables that spell out the probability of coming to learn various propositions conditional on the actual state of the world. The principle of total evidence requires that we not update on the content of the (...) proposition learned but rather on the fact that we learn the proposition in question. Now attention to protocols drives a wedge between the SB and the JB. We have shown that the solution to a close variant of the SB which involves a clear protocol is P*(Heads) = 1/3 and since Beauty’s has precisely the same information at her disposal in the original SB at the time that she is asked to state her credence for Heads, the same solution should hold. The solution to the JB, on the other hand, is dependent on Judy’s probability distribution over protocols. One reasonable protocol yields P(Red) = 1/2, but Judy could also defend alternative values or a range of values in the interval [1/3, 1/2] depending on her probability distribution over protocols. (shrink)

We develop a probabilistic criterion for belief expansion that is sensitive to the degree of contextual fit of the new information to our belief set as well as to the reliability of our information source. We contrast our approach with the success postulate in AGM-style belief revision and show how the idealizations in our approach can be relaxed by invoking Bayesian-Network models.

The Puzzle of the Hats is a puzzle in social epistemology. It describes a situation in which a group of rational agents with common priors and common goals seems vulnerable to a Dutch book if they are exposed to different information and make decisions independently. Situations in which this happens involve violations of what might be called the Group-Reflection Principle. As it turns out, the Dutch book is flawed. It is based on the betting interpretation of the subjective probabilities, but (...) ignores the fact that this interpretation disregards strategic considerations that might influence betting behavior. A lesson to be learned concerns the interpretation of probabilities in terms of fair bets and, more generally, the role of strategic considerations in epistemic contexts. Another lesson concerns Group-Reflection, which in its unrestricted form is highly counter-intuitive. We consider how this principle of social epistemology should be re-formulated so as to make it tenable. (shrink)

In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to the CommentariesIan Wright, Aaron Sloman, and Luc BeaudoinWe are very grateful for the care with which the commentators have read our paper, and the sympathy with which they treated what we acknowledged to be at best a preliminary attempt to make sense of a range of phenomena involving grief and other emotions in terms of our draft architecture. We are fortunate to have commentators that are so (...) much in sympathy with what we have written.The comments of Castelfranchi and Miceli draw attention to a problem that we expect many readers to bring up, namely that there is a notion of “information processing” that cannot carry the explanatory weight that we attach to our information processing architecture. We believe that there is a concept of “information processing” such as is used by engineers who design software systems to perform such tasks as controlling an aircraft. We claim that within an appropriate system architecture, information processing states can have all the causal powers that we require for states like pain, pleasure, and the like. However this is not obvious, and defending this claim will have to await another occasion.Lloyd helpfully illustrates the relevance of our proposed architecture even to the effects of imagining the death of a loved one. He also makes the useful observation that second-order states can arise when a person who is suffering because events violate some important motivator, discovers that nothing can be done about the cause of the suffering, and then suffers even more because of feeling helpless in that situation. We acknowledge that these are phenomena that the architecture will have to accommodate, and accept the challenge to demonstrate this in due course.We believe that there is enough commonality between the commentators and ourselves to support our view that the research community is on the verge of an important new breakthrough in the study of mind, in which philosophers, psychologists, therapists, brain scientists, and AI researchers can collaborate fruitfully, and from which profound practical and theoretical consequences will follow.Related ArticlesFeature Article: Towards a Design-Based Analysis of Emotional EpisodesCommentary: Commentary by LloydCommentary: Commentary by Miceli and CastelfranchiCommentary: Commentary by BodenResponse: Response to the CommentariesCopyright © 1996 The Johns Hopkins University Press... (shrink)

Wann ist Kohärenz ein Indiz für Wahrheit? Können Informationsmengen immer entsprechend ihrer Kohärenz geordnet werden? Welche Rolle spielt Kohärenz bei der Theoriewahl in der Wissenschaft? Unter welchen Umständen kann eine wissenschaftliche Theorie mit nur teilweise zuverlässigen Messinstrumenten bestätigt werden? Ist die Belegvielfaltsthese wahr? Warum sind übereinstimmende Aussagen unabhängiger Zeugen so gewichtig? Dies sind einige der Fragen, die in diesem Buch in einem wahrscheinlichkeitstheoretischen Kontext und auf der Grundlage konkreter Modelle behandelt werden. Darüber hinaus bietet das Buch eine elementare Einführung in (...) die Theorie der Bayesianischen Netzwerke und zeigt Verbindungen auf zu Debatten in der Kognitionswissenschaft (Tversky und Kahnemans Linda Problem), Sozialwahltheorie (Condorcet Jury Theorem) und Informatik (Repräsentation von Glaubenssystemen). Das Buch richtet sich an alle, die sich für die Anwendung wahrscheinlichkeitstheoretischer Methoden in der Philosophie interessieren. (shrink)

Hope obeys Aristotle's doctrine of the mean: one should neither hope too much, nor too little. But what determines what constitutes too much and what constitutes too little for a particular person at a particular time? The sceptic presents an argument to the effect that it is never rational to hope. An attempt to answer the sceptic leads us in different directions. Decision-theoretic and preference-theoretic arguments support the instrumental value of hope. An investigation into the nature of hope permits us (...) to assess the intrinsic value of hope. However, it must be granted to the sceptic that there is a tension between hope and epistemic rationality. I conclude with some reflections about the relationship between hope and character features that are constitutive of inner strength. (shrink)

A coherent story is a story that fits together well. This notion plays a central role in the coherence theory of justification and has been proposed as a criterion for scientific theory choice. Many attempts have been made to give a probabilistic account of this notion. A proper account of coherence must not start from some partial intuitions, but should pay attention to the role that this notion is supposed to play within a particular context. Coherence is a property of (...) an information set that boosts our confidence that its content is true ceteris paribus when we receive information from independent and partially reliable sources. We construct a measure cr that relies on hypothetical sources with certain idealized characteristics. A maximally coherent information set, i.e. a set with equivalent propositions, affords a maximal confidence boost. cr is the ratio of the actual confidence boost over the confidence boost that we would have received, had the information been presented in the form of maximally coherent information, ceteris paribus. This measure is functionally dependent on the degree of reliability r of the sources. We use cr to construct a coherence quasi-ordering over information sets S and S’: S is no less coherent than S’ just in case c_r is not smaller than c_r for any value of the reliability parameter. We show that, on our account, the coherence of the story about the world gives us a reason to believe that the story is true and that the coherence of a scientific theory, construed as a set of models, is a proper criterion for theory choice. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

We appeal to the theory of Bayesian Networks to model different strategies for obtaining confirmation for a hypothesis from experimental test results provided by less than fully reliable instruments. In particular, we consider (i) repeated measurements of a single test consequence of the hypothesis, (ii) measurements of multiple test consequences of the hypothesis, (iii) theoretical support for the reliability of the instrument, and (iv) calibration procedures. We evaluate these strategies on their relative merits under idealized conditions and show some surprising (...) repercussions on the variety-of-evidence thesis and the Duhem-Quine thesis. (shrink)

John Locke proposed a straightforward relationship between qualitative and quantitative doxastic notions: belief corresponds to a sufficiently high degree of confidence. Richard Foley has further developed this Lockean thesis and applied it to an analysis of the preface and lottery paradoxes. Following Foley's lead, we exploit various versions of these paradoxes to chart a precise relationship between belief and probabilistic degrees of confidence. The resolutions of these paradoxes emphasize distinct but complementary features of coherent belief. These features suggest principles that (...) tie together qualitative and quantitative doxastic notions. We show how these principles may be employed to construct a quantitative model - in terms of degrees of confidence - of an agent's qualitative doxastic state. This analysis fleshes out the Lockean thesis and provides the foundation for a logic of belief that is responsive to the logic of degrees of confidence. (shrink)

Bayesian Coherence Theory of Justification or, for short, Bayesian Coherentism, is characterized by two theses, viz. (i) that our degree of confidence in the content of a set of propositions is positively affected by the coherence of the set, and (ii) that coherence can be characterized in probabilistic terms. There has been a longstanding question of how to construct a measure of coherence. We will show that Bayesian Coherentism cannot rest on a single measure of coherence, but requires a vector (...) whose components exhaustively characterize the coherence properties of the set. Our degree of confidence in the content of the information set is a function of the reliability of the sources and the components of the coherence vector. The components of this coherence vector are weakly but not strongly separable, which blocks the construction of a single coherence measure. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

John Locke proposed a straightforward relationship between qualitative and quantitative doxastic notions: belief corresponds to a sufficiently high degree of confidence. Richard Foley has further developed this Lockean thesis and applied it to an analysis of the preface and lottery paradoxes. Following Foley's lead, we exploit various versions of these paradoxes to chart a precise relationship between belief and probabilistic degrees of confidence. The resolutions of these paradoxes emphasize distinct but complementary features of coherent belief. These features suggest principles that (...) tie together qualitative and quantitative doxastic notions. We show how these principles may be employed to construct a quantitative model - in terms of degrees of confidence - of an agent's qualitative doxastic state. This analysis fleshes out the Lockean thesis and provides the foundation for a logic of belief that is responsive to the logic of degrees of confidence. (shrink)

If we receive information from multiple independent and partially reliable information sources, then whether we are justified to believe these information items is affected by how reliable the sources are, by how well the information coheres with our background beliefs and by how internally coherent the information is. We consider the following question. Is coherence a separable determinant of our degree of belief, i.e. is it the case that the more coherent the new information is, the more justified we are (...) in believing the new information, ceteris paribus? We show that if we consider sets of information items of any size (Holism), and if we assume that there exists a coherence Ordering over such sets and that coherence is a function of the probability distribution over the propositions in such sets (Probabilism), then Separability fails to hold. (shrink)

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

I investigate whether any plausible moral arguments can be made for ‘grandfathering’ emission rights (that is, for setting emission targets for developed countries in line with their present or past emission levels) on the basis of a Lockean theory of property rights.

This paper addresses a problem for theories of epistemic democracy. In a decision on a complex issue which can be decomposed into several parts, a collective can use different voting procedures: Either its members vote on each sub-question and the answers that gain majority support are used as premises for the conclusion on the main issue, or the vote is conducted on the main issue itself. The two procedures can lead to different results. We investigate which of these procedures is (...) better as a truth-tracker, assuming that there exists a true answer to be reached. On the basis of the Condorcet jury theorem, we show that the pbp is universally superior if the objective is to reach truth for the right reasons. If one instead is after truth for whatever reasons, right or wrong, there will be cases in which the cbp is more reliable, even though, for the most part, the pbp still is to be preferred. (shrink)

There is a cognitive, an affective, a conative, and an attitudinal component to a genuine apology. In discussing these components, I address the following questions. Might apologies be due for non-culpable actions? Might apologies be due for choices in moral dilemmas? What is the link between sympathy, remorse and making amends? Is it meaningful for resilient akratics to apologize? How much moral renewal is required when one apologizes? Why should apologies be offered in a humble manner? And is there some (...) truth to P. G. Wodehouse's dictum that 'the right sort of people do not want apologies'? (shrink)

The Distribution View provides a model that integrates four distributional concerns in the evaluation of risky prospects. Starting from these concerns, we can generate an ordering over a set of risky prospects, or, starting from an ordering, we can extract a characterization of the underlying distributional concerns. Separability of States and/or Persons for multiple-person risky prospects, for single-person risky prospects and for multiple-person certain prospects are discussed within the model. The Distribution View sheds light on public health policies and provides (...) a framework for the discussion of Parfit's Priority View for risky prospects. (shrink)

Why does an offender find it upsetting when the victim of their wrongdoing refuses to accept their apologies? Why do they find it upsetting when the victim is unwilling to grant them the forgiveness that they are asking for? I present an account of apologising and accepting apologies that can explain why this distress into an apt emotion.

Utilitarianism, it has been said, is not sensitive to the distribution of welfare. In making risky decisions for others there are multiple sensitivities at work. I present examples of risky decision-making involving drug allocations, charitable giving, breast-cancer screening and C-sections. In each of these examples there is a different sensitivity at work that pulls away from the utilitarian prescription. Instances of saving fewer people at a greater risk to many is more complex because there are two distributional sensitivities at work (...) that pull in opposite directions from the utilitarian calculus. I discuss objections to these sensitivities and conclude with some reflections on the value of formal modelling in thinking about societal risk. (shrink)

The Puzzle of the Hats is a betting arrangement which seems to show that a Dutch book can be made against a group of rational players with common priors who act in the common interest and have full trust in the other players’ rationality. But we show that appearances are misleading—no such Dutch book can be made. There are four morals. First, what can be learned from the puzzle is that there is a class of situations in which credences and (...) betting rates diverge. Second, there is an analogy between ways of dealing with situations of this kind and different policies for sequential choice. Third, there is an analogy with strategic voting, showing that the common interest is not always served by expressing how things seem to you in social decision-making. And fourth, our analysis of the Puzzle of the Hats casts light on a recent controversy about the Dutch book argument for the Sleeping Beauty. (shrink)

We construct a probabilistic coherence measure for information sets which determines a partial coherence ordering. This measure is applied in constructing a criterion for expanding our beliefs in the face of new information. A number of idealizations are being made which can be relaxed by an appeal to Bayesian Networks.

Belgium has recently extended its euthanasia legislation to minors, making it the first legislation in the world that does not specify any age limit. I consider two strands in the opposition to this legislation. First, I identify five arguments in the public debate to the effect that euthanasia for minors is somehow worse than euthanasia for adults—viz. arguments from weightiness, capability of discernment, pressure, sensitivity and sufficient palliative care—and show that these arguments are wanting. Second, there is another position in (...) the public debate that wishes to keep the current age restriction on the books and have ethics boards exercise discretion in euthanasia decisions for minors. I interpret this position on the background of Velleman’s “Against the Right to Die” and show that, although costs remain substantial, it actually can provide some qualified support against extending euthanasia legislation to minors. (shrink)

I argue that character planning differs from sour grapes in that the former but not the latter leaves the agent with a coherent preference structure.

I provide a taxonomy of the various circumstances under which one might reasonably say "P and I will believe that not-P" or violate the Reflection Principle.

I argue that van Fraassen's Judy Benjamin Problem and Elga's Sleeping Beauty Problem have the same structure.

Choice often proceeds in two stages: We construct a shortlist on the basis of limited and uncertain information about the options and then reduce this uncertainty by examining the shortlist in greater detail. The goal is to do well when making a final choice from the option set. I argue that we cannot realise this goal by constructing a ranking over the options at shortlisting stage which determines of each option whether it is more or less worthy of being included (...) in a shortlist. This is relevant to the 2010 UK Equality Act. The Act requires that shortlists be constructed on grounds of candidate rankings and affirmative action is only permissible for equally qualified candidates. This is misguided: Shortlisting candidates with lower expected qualifications but higher variance may raise the chance of finding an exceptionally strong candidate. If it does, then shortlisting such candidates would make eminent business sense and there is nothing unfair about it. This observation opens up room for including more underrepresented candidates with protected characteristics, as they are more likely to display greater variance in the selector’s credence functions at shortlisting stage. (shrink)