From the time of its clearest origins with Pascal, the theory of probabilities seemed to offer means by which the study of human affairs might be reduced to the same kind of mathematical discipline that was already being achieved in the study of nature. Condorcet is to a great extent merely representative of the philosophers of the seventeenth and eighteenth centuries who were led on by the prospect of developing moral and political sciences on the pattern of the natural sciences, (...) specifically physics. The development of economics and the social sciences, from the eighteenth century onwards, may be said in part to have fulfilled and in a manner to have perpetuated these ambitions. In so far as the new sciences have been susceptible of mathematical treatment, this has not been confined to the calculus of probabilities. But there is a temptation at every stage to ascribe fundamental significance and universal applicability to each latest mathematical device that is strikingly useful or illuminating on its first introduction. It is the theory of games that enjoys this position at present, and shapes the common contemporary conception of the very same problems that preoccupied Condorcet. (shrink)

Focused correlation compares the degree of association within an evidence set to the degree of association in that evidence set given that some hypothesis is true. A difference between the confirmation lent to a hypothesis by one evidence set and the confirmation lent to that hypothesis by another evidence set is robustly tracked by a difference in focused correlations of those evidence sets on that hypothesis, provided that all the individual pieces of evidence are equally, positively relevant to that hypothesis. (...) However, that result depends on a very strong equal relevance condition on individual pieces of evidence. In this essay, we prove tracking results for focused correlation analogous to Wheeler and Scheines’s results but for cases involving unequal relevance. Our result is robust as well, and we retain conditions for bidirectional tracking between incremental confirmation measures and focused correlation. (shrink)

Suppose one hundred prisoners are in a yard under the supervision of a guard, and at some point, ninety-nine of them collectively kill the guard. If, after the fact, a prisoner is picked at random and tried, the probability of his guilt is 99%. But despite the high probability, the statistical chances, by themselves, seem insufficient to justify a conviction. The question is why. Two arguments are offered. The first, decision-theoretic argument shows that a conviction solely based on the statistics (...) in the prisoner scenario is unacceptable so long as the goal of expected utility maximization is combined with fairness constraints. The second, risk-based argument shows that a conviction solely based on the statistics in the prisoner scenario lets the risk of mistaken conviction surge potentially too high. The same, by contrast, cannot be said of convictions solely based on DNA evidence or eyewitness testimony. A noteworthy feature of the two arguments in the paper is that they are not confined to criminal trials and can in fact be extended to civil trials. (shrink)

As illustrated by research Koehler himself cites (Dawes et al. 1993), the purpose of experiments is to choose between contrasting explanations of past observations – rather than to seek statistical generalizations about the prevalence of effects. True external validity results not from sampling various problems that are representative of “real world” decision making, but from reproducing an effect in the laboratory with minimal contamination (including from real world factors).

The paper studies first order extensions of classical systems of modal logic (see (Chellas, 1980, part III)). We focus on the role of the Barcan formulas. It is shown that these formulas correspond to fundamental properties of neighborhood frames. The results have interesting applications in epistemic logic. In particular we suggest that the proposed models can be used in order to study monadic operators of probability (Kyburg, 1990) and likelihood (Halpern-Rabin, 1987).

The base rate fallacy is directly dependent on a particular judgment paradigm in which information may be unambiguously designated as either “base rate” or “individuating,” and in which subjects make two-stage sequential judgments. The paradigm may be a poor match for real world settings, and the fallacy may thus be undefined for natural ecologies of judgment.

Philosophical Issues, Volume 31, Issue 1, Page 355-373, October 2021.

There is a familiar risk of antinomy if fromxisEand p(xisH/xisE) =rit is permissible to infer p(xisH) =r, and what Carnap (1950) called “The requirement of total evidence” will not prevent such antinomies satisfactorily. What is needed instead is a properly developed theory of evidential weight.

This paper uses some modest claims about knowledge to identify a significant problem for contemporary American trial procedure. First, suppose that legal proof requires knowledge. In particular, suppose that the defendant in a jury trial is proven guilty only if the jury knows that the defendant is guilty. Second, suppose that knowledge is subject to pragmatic encroachment. In particular, whether the jury knows the defendant is guilty depends on what’s at stake in their decision to convict, including the consequences that (...) the defendant may face if convicted. Then in order to know whether a defendant has been proven guilty, jurors may need to know something about the potential consequences of conviction. But in nearly every American criminal trial, this information is withheld from jurors. -/- In §1, I lay out the philosophical premises of my argument. In §2, I say more about why these premises present a problem for American trial procedure, and I identify social and political structures that exacerbate the problem. I describe the reasoning that has led courts to withhold sentencing information from jurors, and I diagnose the flaw in this reasoning. In §3, I expand my initial argument, strengthening its conclusions and offering alternative sets of premises that still entail them. I argue that the legal ramifications of pragmatic encroachment depend on highly controversial questions in epistemology, questions about the precise nature of practical stakes. In §4, I propose strategies for legal reform. (shrink)

Ferdinand Schoeman (1986) attempts to refute six arguments that I gave in The Probable and the Provable (1977, pp. 49-120) for not analyzing the standards of forensic proof in terms of any concept of probability that conforms to the familiar principles of the mathematical calculus of chance. But he evidently does not appreciate the strength of the case for rejecting the validity of any such analysis. In the course of discussing his criticisms, I shall add a seventh argument to fortify (...) my position, though I concede that the second of my original arguments has to be discarded. (shrink)

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

Decisions concerning proof of facts in criminal law must be rational because of what is at stake, but the decision‐making process must also be cognitively feasible because of cognitive limitations, and it must obey the relevant legal–procedural constraints. In this topic three approaches to rational reasoning about evidence in criminal law are compared in light of these demands: arguments, probabilities, and scenarios. This is done in six case studies in which different authors analyze a manslaughter case from different theoretical perspectives, (...) plus four commentaries on these case studies. The aim of this topic is to obtain more insight into how the different approaches can be applied in a legal context. This will advance the discussion on rational reasoning about evidence in law and will contribute more widely to cognitive science on a number of topics, including the value of probabilistic accounts of cognition and the problem of dealing with cognitive biases in reasoning under uncertainty in practical contexts. (shrink)

Koehler's work will assist the effort to understand legal fact finding. It leaves two questions somewhat open: (i) the extent to which empirical research can measure correctness of fact-finding, a function that involves the resolution of normative questions and (ii) the standards judges should use in the absence of the research he advocates.

This paper seeks to determine the significance, if any, of epidemiological evidence to prove the specific causation element of liability in negligence or other relevant torts—in particular, what importance can be attached to a relative risk > 2, where that figure represents a sound causal inference at the general level. The paper discusses increased risk approaches to epidemiological evidence and concludes that they are a last resort. The paper also criticizes the proposal that the probability of causation can be estimated (...) with reference to the RR, such that RR > 2 is necessary and sufficient for causation. It is argued, following arguments by Sander Greenland and others, that RR > 2 is not necessary for proof of specific causation, except under restrictive biological assumptions that are not known to be satisfied for any important disease, and therefore must never be required. However, the paper argues that in some circumstances RR > 2 can be sufficient to prove causation at law. This position is defended against the widely held judicial and academic view that epidemiological evidence must be accompanied by something else, particular to the case at hand, if it is to have probative force for specific causation. It is argued that far from being epistemically irrelevant, to achieve correct and just outcomes it is in fact mandatory to take epidemiological evidence into account in deciding specific causation. Failing to consider such evidence when it is available leads to error and injustice. The conclusion is that in certain circumstances epidemiological evidence of RR > 2 is not necessary to prove specific causation but that it is sufficient. This “sufficiency” is confined to circumstances where there is no other evidence, as a way of getting clear on what the epidemiological evidence says. Once we have worked out what it says, this must be weighed against the other relevant evidence, if there is any. (shrink)

This paper discusses the ability of explanationist theories of epistemic justification to account for the justification we have for holding beliefs about the future. McCain’s explanationist account of the relation of evidential support is supposedly in a better position than other theories of this type to correctly handle cases involving beliefs about the future. However, the results delivered by this account have been questioned by Byerly and Martin. This paper argues that McCain’s account is, in fact, able to deliver plausible (...) results in cases involving such beliefs and that explanationism, if properly articulated, is illuminating with respect to the justification we have for holding such beliefs, as it manages to correctly distinguish evidence that only supports believing probabilistic claims about the future from evidence that is sufficient to believe that a particular event will happen. (shrink)

In this paper, we look at reasoning with evidence and facts in criminal cases. We show how this reasoning may be analysed in a dialectical way by means of critical questions that point to typical sources of doubt. We discuss critical questions about the evidential arguments adduced, about the narrative accounts of the facts considered, and about the way in which the arguments and narratives are connected in an analysis. Our treatment shows how two different types of knowledge, represented as (...) schemes, play a role in reasoning with evidence: argumentation schemes and story schemes. (shrink)

This article examines Smith’s recent treatment of the problem of statistical evidence and the conception of epistemic justification that he puts forward. Two possible solutions to the problem of statistical evidence that result from his analysis of cases involving a contrast between statistical and individual evidence are considered. The solution resulting from Smith’s conception of epistemic justification is shown to be inferior to the solution calling for an explanationist conception of epistemic justification. As a result, Smith’s analysis of cases illustrating (...) the problem of statistical evidence, given his own standards of theory choice, is shown to support an explanationist conception of epistemic justification as an alternative to the probabilistic conception that he urges us to reject. (shrink)

The primary aim of this paper is to defend the Lockean View—the view that a belief is epistemically justified iff it is highly probable—against a new family of objections. According to these objections, broadly speaking, the Lockean View ought to be abandoned because it is incompatible with, or difficult to square with, our judgments surrounding certain legal cases. I distinguish and explore three different versions of these objections—The Conviction Argument, the Argument from Assertion and Practical Reasoning, and the Comparative Probabilities (...) Argument—but argue that none of them are successful. I also present some very general reasons for being pessimistic about the overall strategy of using legal considerations to evaluate epistemic theories; as we will see, there are good reasons to think that many of the considerations relevant to legal theorizing are ultimately irrelevant to epistemic theorizing. (shrink)

Cognitive algebra strongly disproved the representativeness heuristic almost before it was published; and therewith it also disproved the base rate fallacy. Cognitive algebra provides a theoretical foundation for judgment-decision theory through its joint solution to the two fundamental problems – true measurement of subjective values, and cognitive rules for integration of multiple determinants.

This study aimed to investigate the challenges refugee children face in learning the English language from teachers’ perspectives and the challenges of refugees’ English language teachers in Jordan. To achieve this aim, a quantitative approach was implemented using a questionnaire. The findings from this study suggest that refugee teachers’ acknowledge that they face challenges teaching refugees in terms of cultural competency, preparation, self-efficacy, and practices they implement, and refugee children face linguistic and psychological challenges in learning English. This study attempted (...) to find out the relationship between teachers’ preparation and their cultural competency, self-efficacy, and practices they implement and then the relationship between refugees’ psychological needs and linguistic challenges, respectively, and teachers’ self-efficacy, cultural competency, and practices. Results revealed several significant relationships between challenges and presented them in a model. (shrink)

In a seminal work, Tversky and Kahneman showed that in some contexts people tend to believe that a conjunction of events (e.g., Linda is a bank teller and is active in the feminist movement) is more likely to occur than one of the conjuncts (e.g., Linda is a bank teller). This belief violates the conjunction rule in probability theory. Tversky and Kahneman called this phenomenon the “conjunction fallacy”. Since the discovery of the phenomenon in 1983, researchers in psychology and philosophy (...) have engaged in important controversies around the conjunction fallacy. The goal of this paper is to explore the most important of these controversies, namely, the controversy about the nature of the conjunction fallacy. Is the conjunction fallacy mainly due to a misunderstanding of the problem by participants (misunderstanding hypothesis) or is it mainly due to a genuine reasoning bias (reasoning bias hypothesis)? A substantial portion of research on the topic has been directed to test the misunderstanding hypothesis. I review this literature and argue that a stronger case can be made against the misunderstanding hypothesis. Thus, I indirectly provide support for the reasoning bias hypothesis. (shrink)

The received model of degrees of belief represents them as probabilities. Over the last half century, many philosophers have been convinced that this model fails because it cannot make room for the idea that an agent’s degrees of belief should respect the available evidence. In its place they have advocated a model that represents degrees of belief using imprecise probabilities (sets of probability functions). This paper presents a model of degrees of belief based on Dempster–Shafer belief functions and then presents (...) arguments for belief functions over imprecise probabilities as a model of evidence-respecting degrees of belief. The arguments cover three kinds of issue: theoretical virtues (simplicity, interpretability and flexibility); motivations; and problem cases (dilation and belief inertia). (shrink)

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. (shrink)

Legal probabilism is the view that juridical fact-finding should be modeled using Bayesian methods. One of the alternatives to it is the narration view, according to which instead we should conceptualize the process in terms of competing narrations of what happened. The goal of this paper is to develop a reconciliatory account, on which the narration view is construed from the Bayesian perspective within the framework of formal Bayesian epistemology.

Koehler's summary and critique of research on the base rate fallacy is cogent and persuasive. However, he may have overstated the case, and his suggestions for future research may be too restrictive. We agree that methodological approaches to this topic should be broadened, but we argue that experimental laboratory research and the Bayesian normative standard are useful and should not be abandoned.