Base rates have no necessary relation to judgments that are not themselves probabilities. There is no logical imperative, for instance, that behavioral base rates must affect causal attributions or that base rate information should affect judgments of legal liability. Decision theorists should be cautious in arguing that base rates place normative constraints on judgments of anything other than posterior probabilities.

(1999). Francis Bacon's “VERULAMIUM” the common‐law template of the modern in english science and culture. Angelaki: Vol. 4, Judging the law, pp. 7-26.

This essay presents results about a deviation from independence measure called focused correlation . This measure explicates the formal relationship between probabilistic dependence of an evidence set and the incremental confirmation of a hypothesis, resolves a basic question underlying Peter Klein and Ted Warfield's ‘truth-conduciveness’ problem for Bayesian coherentism, and provides a qualified rebuttal to Erik Olsson's claim that there is no informative link between correlation and confirmation. The generality of the result is compared to recent programs in Bayesian epistemology (...) that attempt to link correlation and confirmation by utilizing a conditional evidential independence condition. Several properties of focused correlation are also highlighted. Introduction Correlation Measures 2.1 Standard covariance and correlation measures 2.2 The Wayne–Shogenji measure 2.3 Interpreting correlation measures 2.4 Correlation and evidential independence Focused Correlation Conclusion Appendix CiteULike Connotea Del.icio.us What's this? (shrink)

In place of the traditional epistemological view of knowledge as justified true belief we argue that artificial intelligence and law needs an evidence-based epistemology according to which scientific knowledge is based on critical analysis of evidence using argumentation. This new epistemology of scientific evidence (ESE) models scientific knowledge as achieved through a process of marshaling evidence in a scientific inquiry that results in a convergence of scientific theories and research results. We show how a dialogue interface of argument from expert (...) opinion, along with its set of critical questions, provides the argumentation component of the ESE. It enables internal scientific knowledge to be translated over into a wider arena in which individual nonexpert citizens and groups can make use of it. The external component shows how evidence is presented and used in a legal procedural setting that includes fact-finding, weighing the credibility of expert witnesses, and critical questioning of arguments. The paper critically reviews the standards of admissibility of scientific evidence using the ESE. (shrink)

Even though tools for identifying and analyzing arguments are now in wide use in the field of argumentation studies, so far there is a paucity of resources for evaluating real arguments, aside from using deductive logic or Bayesian rules that apply to inductive arguments. In this paper it is shown that recent developments in artificial intelligence in the area of computational systems for modeling defeasible argumentation reveal a different approach that is currently making interesting progress. It is shown how these (...) systems provide the general outlines for a system of argument evaluation that can be applied to legal arguments as well as everyday conversational arguments to assist a user to evaluate an argument. (shrink)

Evidentiary propositions E 1 and E 2, each p-positively relevant to some hypothesis H, are mutually corroborating if p > p, i = 1, 2. Failures of such mutual corroboration are instances of what may be called the corroboration paradox. This paper assesses two rather different analyses of the corroboration paradox due, respectively, to John Pollock and Jonathan Cohen. Pollock invokes a particular embodiment of the principle of insufficient reason to argue that instances of the corroboration paradox are of negligible (...) probability, and that it is therefore defeasibly reasonable to assume that items of evidence positively relevant to some hypothesis are mutually corroborating. Taking a different approach, Cohen seeks to identify supplementary conditions that are sufficient to ensure that such items of evidence will be mutually corroborating, and claims to have identified conditions which account for most cases of mutual corroboration. Combining a proposed common framework for the general study of paradoxes of positive relevance with a simulation experiment, we conclude that neither Pollock’s nor Cohen’s claims stand up to detailed scrutiny. I am quite prepared to be told…”oh, that is an extreme case: it could never really happen!” Now I have observed that this answer is always given instantly, with perfect confidence, and without any examination of the proposed case. It must therefore rest on some general principle: the mental process being something like this—“I have formed a theory. This case contradicts my theory. Therefore, this is an extreme case, and would never occur in practice.”Rev. Charles L. Dodgson. (shrink)

Abstract(1) The miscitations of seminal experiments in the base rate literature adds to the existing database of systematic miscitations of wellknown psychological experiments. These miscitations may be caused by a process of reconstructive remembering. (2) Representative design should be the methodological core of Koehler's call for ecologically valid research. This approach can benefit both basic and applied research.

The paper provides a conceptual distinction between evidence assessment criteria and standards of proof. Evidence must be assessed in order to check whether it satisfies a relevant standard of proof, and the assessment is operated with some criterion; so both criteria and standards are necessary for fact-finding. In addition to this conceptual point, the article addresses three main questions: Why do some scholars and decision-makers take assessment criteria as standards of proof and vice versa? Why do systems differ as to (...) criteria and standards? How can a system work if it neglects one of these things? The answers to the first and second question come from the historical and procedural differences between the systems. The answer to the third focuses on the functional connection between criteria and standards. (shrink)

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.

This target article presents a new computational theory of explanatory coherence that applies to the acceptance and rejection of scientific hypotheses as well as to reasoning in everyday life, The theory consists of seven principles that establish relations of local coherence between a hypothesis and other propositions. A hypothesis coheres with propositions that it explains, or that explain it, or that participate with it in explaining other propositions, or that offer analogous explanations. Propositions are incoherent with each other if they (...) are contradictory, Propositions that describe the results of observation have a degree of acceptability on their own. An explanatory hypothesis is acccpted if it coheres better overall than its competitors. The power of the seven principles is shown by their implementation in a connectionist program called ECHO, which treats hypothesis evaluation as a constraint satisfaction problem. Inputs about the explanatory relations are used to create a network of units representing propositions, while coherende and incoherence relations are encoded by excitatory and inbihitory links. ECHO provides an algorithm for smoothly integrating theory evaluation based on considerations of explanatory breadth, simplicity, and analogy. It has been applied to such important scientific cases as Lovoisier's argument for oxygen against the phlogiston theory and Darwin's argument for evolution against creationism, and also to cases of legal reasoning. The theory of explanatory coherence has implications for artificial intelligence, psychology, and philosophy. (shrink)

This commentary presents a self-assessment inventory that will allow readers to determine their own attitude toward the base rate fallacy and its literature. The inventory is scientifically valid but not Medicare/Medicaid reimbursable.

The paper focuses on interpreting ceteris paribus conditions as normal conditions. After discussing six basic problems for the explication of normal conditions and seven interpretations that do not well solve those problems I turn to what I call the epistemic account. According to it the normal is, roughly, the not unexpected. This is developed into a rigorous constructive account of normal conditions, which makes essential use of ranking theory and in particular allows to explain the phenomenon of multiply exceptional conditions. (...) Finally, this static account is extended to a schematic dynamic model of how we may learn about those normal and exceptional conditions. (shrink)

Objective standards for justification or for being a reason would be desirable, but inductive skepticism tells us that they cannot be presupposed. Rather, we have to start from subjective-relative notions of justification and of being a reason. The paper lays out the strategic options we have given this dilemma. The paper explains the requirements for this subject-relative notion and how they may be satisfied. Then it discusses four quite heterogeneous ways of providing more objective standards, which combine without guaranteeing complete (...) success. (shrink)

The paper is motivated by the need of accounting for the practical syllogism as a piece of defeasible reasoning. To meet the need, the paper first refers to ranking theory as an account of defeasible descriptive reasoning. It then argues that two kinds of ought need to be distinguished, purely normative and fact-regarding obligations. It continues arguing that both kinds of ought can be iteratively revised and should hence be represented by ranking functions, too, just as iteratively revisable beliefs. Its (...) central proposal will then be that the fact-regarding normative ranking function must be conceived as the sum of a purely normative ranking function and an epistemic ranking function. The distinctions defends this proposal with a comparative discussion of some critical examples and some other distinctions made in the literature. It gives a more rigorous justification of this proposal. Finally, it starts developing the logic of purely normative and of fact-regarding normative defeasible reasoning, points to the difficulties of completing the logic of the fact-regarding side, but reaches the initial aim of accounting for the defeasible nature of the practical syllogism. (shrink)

The paper is motivated by the need of accounting for the practical syllogism as a piece of defeasible reasoning. To meet the need, the paper first refers to ranking theory as an account of defeasible descriptive reasoning. It then argues that two kinds of ought need to be distinguished, purely normative and fact-regarding obligations (in analogy to intrinsic and extrinsic utilities). It continues arguing that both kinds of ought can be iteratively revised and should hence be represented by ranking functions, (...) too, just as iteratively revisable beliefs. Its central proposal will then be that the fact-regarding normative ranking function must be conceived as the sum of a purely normative ranking function and an epistemic ranking function (as suggested in qualitative decision theory). The distinctions defends this proposal with a comparative discussion of some critical examples and some other distinctions made in the literature. It gives a more rigorous justification of this proposal. Finally, it starts developing the logic of purely normative and of fact-regarding normative defeasible reasoning, points to the difficulties of completing the logic of the fact-regarding side, but reaches the initial aim of accounting for the defeasible nature of the practical syllogism. (shrink)

When base rates are learned and used in an experiential manner subjects show better base rate use, perhaps because the implicit learning system is engaged. A causal framework in which base rates are relevant might also be necessary. Humans might thus perform better on more ecologically valid tasks, which are likely to contain those three components.

There is something puzzling about statistical evidence. One place this manifests is in the law, where courts are reluctant to base affirmative verdicts on evidence that is purely statistical, in spite of the fact that it is perfectly capable of meeting the standards of proof enshrined in legal doctrine. After surveying some proposed explanations for this, I shall outline a new approach – one that makes use of a notion of normalcy that is distinct from the idea of statistical frequency. (...) The puzzle is not, however, merely a legal one. Our unwillingness to base beliefs on statistical evidence is by no means limited to the courtroom, and is at odds with almost every general principle that epistemologists have proposed as to how we ought to manage our beliefs. (shrink)

In this paper I respond to Marcello Di Bello’s criticisms of the ‘normic account’ of the criminal standard of proof. In so doing, I further elaborate on what the normic account predicts about certain significant legal categories of evidence, including DNA and fingerprint evidence and eyewitness identifications.

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)

Coherentism maintains that coherent beliefs are more likely to be true than incoherent beliefs, and that coherent evidence provides more confirmation of a hypothesis when the evidence is made coherent by the explanation provided by that hypothesis. Although probabilistic models of credence ought to be well-suited to justifying such claims, negative results from Bayesian epistemology have suggested otherwise. In this essay we argue that the connection between coherence and confirmation should be understood as a relation mediated by the causal relationships (...) among the evidence and a hypothesis, and we offer a framework for doing so by fitting together probabilistic models of coherence, confirmation, and causation. We show that the causal structure among the evidence and hypothesis is sometimes enough to determine whether the coherence of the evidence boosts confirmation of the hypothesis, makes no difference to it, or even reduces it. We also show that, ceteris paribus, it is not the coherence of the evidence that boosts confirmation, but rather the ratio of the coherence of the evidence to the coherence of the evidence conditional on a hypothesis. (shrink)

A question, long discussed by legal scholars, has recently provoked a considerable amount of philosophical attention: ‘Is it ever appropriate to base a legal verdict on statistical evidence alone?’ Many philosophers who have considered this question reject legal reliance on bare statistics, even when the odds of error are extremely low. This paper develops a puzzle for the dominant theories concerning why we should eschew bare statistics. Namely, there seem to be compelling scenarios in which there are multiple sources of (...) incriminating statistical evidence. As we conjoin together different types of statistical evidence, it becomes increasingly incredible to suppose that a positive verdict would be impermissible. I suggest that none of the dominant views in the literature can easily accommodate such cases, and close by offering a diagnosis of my own. (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.

In this paper it is argued that qualitative theories (Q-theories) can be used to describe the statistical structure of cross classified populations and that the notion of verisimilitude provides an appropriate tool for measuring the statistical adequacy of Q-theories. First of all, a short outline of the post-Popperian approaches to verisimilitude and of the related verisimilitudinarian non-falsificationist methodologies (VNF-methodologies) is given. Secondly, the notion of Q-theory is explicated, and the qualitative verisimilitude of Q-theories is defined. Afterwards, appropriate measures for the (...) statistical verisimilitude of Q-theories are introduced, so to obtain a clear formulation of the intuitive idea that the statistical truth about cross classified populations can be approached by falsified Q-theories. Finally, it is argued that some basic intuitions underlying VNF-methodologies are shared by the so-called prediction logic, developed by the statisticians and social scientists David K. Hildebrand, James D. Laing and Howard Rosenthal. (shrink)