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 (...) to explain and justify an important feature of the practices we use to determine whether someone has acted culpably: our hostility to the use of predictive evidence. (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)

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)

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 (...) a Bayesian or a Popperian variety. The final section of the paper states and tries to answer an objection due to Putnam. (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)

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 (...) Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical probabilities: a point illustrated by comparing the advantages of a foundherentist analysis with the disadvantages of probabilistic analyses of the evidence in the Sacco and Vanzetti case (1921), and of the role of the statistical evidence in Collins (1968). (shrink)

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 (...) there are special circumstances under which a thesis similar to his holds good. What characterises these circumstances is that they allow for the fact of agreement to be surprising. In making this precise, I draw on Paul Horwich's probabilistic analysis of surprise. I also consider a related claim made by Cohen concerning the effect of lowering the prior on the strength of corroboration. 1 Introduction 2 Cohen's claim 3 A counterexample 4 A weaker claim 5 A counterexample to the weaker claim 6 The grain of truth in Cohen's claim 7 Prior probability and strength of corroboration 8 Conclusion. (shrink)

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.