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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 (...) |
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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. (...) |
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This paper examines Lockie’s theory of libertarian self-determinism in light of the question of prediction: “Can we know (or justifiably believe) how an agent will act, or is likely to act, freely?” I argue that, when Lockie's theory is taken to its full logical extent, free actions cannot be predicted to any degree of accuracy because, even if they have probabilities, these cannot be known. However, I suggest that this implication of his theory is actually advantageous, because it is able (...) |
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In an earlier paper, I objected to certain elements of L. Jonathan Cohen's account of corroborating testimony (Olsson [2002]). In their response to my article, Bovens, Fitelson, Hartmann and Snyder ([2002]) suggest some significant improvements of the probabilistic model which I used in assessing Cohen's theses and answer some additional questions which my study raised. More problematically, they also seek to defend Cohen against my criticism. I argue, in this reply, that their attempts in this direction are unsuccessful. |
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Jonathan Cohen has claimed that in cases of witness agreement there is an inverse relationship between the prior probability and the posterior probability of what is being agreed: the posterior rises as the prior falls. As is demonstrated in this paper, this contention is not generally valid. In fact, in the most straightforward case exactly the opposite is true: a lower prior also means a lower posterior. This notwithstanding, there is a grain of truth to what Cohen is saying, as (...) |
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In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing—as it often is in legal contexts—epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and (...) |
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This paper introduces what is called the intersubjective interpretation of the probability calculus. Intersubjective probabilities are related to subjective probabilities, and the paper begins with a particular formulation of the familiar Dutch Book argument. This argument is then extended, in Section 3, to social groups, and this enables the concept of intersubjective probability to be introduced in Section 4. It is then argued that the intersubjective interpretation is the appropriate one for the probabilities which appear in confirmation theory whether of (...) |
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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 (...) |
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