The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

ABSTRACTIn this paper, I review some recent treatments of Simpson's Paradox, and I propose a new rationalizing explanation of its paradoxicality.

This book explores a question central to philosophy--namely, what does it take for a belief to be justified or rational? According to a widespread view, whether one has justification for believing a proposition is determined by how probable that proposition is, given one's evidence. In this book this view is rejected and replaced with another: in order for one to have justification for believing a proposition, one's evidence must normically support it--roughly, one's evidence must make the falsity of that proposition (...) abnormal in the sense of calling for special, independent explanation. This conception of justification bears upon a range of topics in epistemology and beyond. Ultimately, this way of looking at justification guides us to a new, unfamiliar picture of how we should respond to our evidence and manage our own fallibility. This picture is developed here. (shrink)

Does the most common response given by participants presented with Tversky and Kahneman’s famous taxi cab problem amount to a violation of Bayes’ theorem? In other words, do they fall victim to so-called base-rate fallacy? In the present paper, following an earlier suggestion by Crupi and Girotto, we will identify the logical arguments underlying both the original diagnosis of irrationality in this reasoning task under uncertainty and a number of objections that have been raised against such a diagnosis. This will (...) enable us to show firstly that, contrary to the dismissive arguments recently put forward by Elqayam and Evans, empirical evidence turns out to be quite useful in addressing questions of this kind. Therefore, it can make a significant contribution to moving the base-rate fallacy controversy forward. Secondly, the available empirical evidence (though limited and sometimes inconclusive) seems to support the charge of irrationality levelled against the majority of participants presented with the taxi cab problem, and hence suggests that base-rate neglect is a real fallacy − that is the conclusion of our analysis. (shrink)

This paper aims to make explicit the methodological conditions that should be satisfied for the Bayesian model to be used as a normative model of human probability judgment. After noticing the lack of a clear definition of Bayesianism in the psychological literature and the lack of justification for using it, a classic definition of subjective Bayesianism is recalled, based on the following three criteria: an epistemic criterion, a static coherence criterion and a dynamic coherence criterion. Then it is shown that (...) the adoption of this framework has two kinds of implications. The first one regards the methodology of the experimental study of probability judgment. The Bayesian framework creates pragmatic constraints on the methodology that are linked to the interpretation of, and the belief in, the information presented, or referred to, by an experimenter in order for it to be the basis of a probability judgment by individual participants. It is shown that these constraints have not been satisfied in the past, and the question of whether they can be satisfied in principle is raised and answered negatively. The second kind of implications consists of two limitations in the scope of the Bayesian model. They regard (1) the background of revision (the Bayesian model considers only revising situations but not updating situations), and (2) the notorious case of the null priors. In both cases Lewis’ rule is an appropriate alternative to Bayes’ rule, but its use faces the same operational difficulties. (shrink)