The primary aim of this chapter is to explain the nature of evidential reasoning, the characteristic difficulties encountered, and the tools to address these difficulties. Our focus is on evidential reasoning in criminal cases. There is an extensive scholarly literature on these topics, and it is a secondary aim of the chapter to provide readers the means to find their way in historical and ongoing debates.

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.

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)

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)

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)

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)

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)

The paper presents an infinite hierarchy PR m [ m = 1, 2, . . . ] of sound and complete axiomatic systems for modal logic with graded probabilistic modalities , which are to reflect what I have elsewhere called the Bolding-Ekelöf degrees of evidential strength as applied to the establishment of matters of fact in law-courts. Our present approach is seen to differ from earlier work by the author in that it treats the logic of these graded modalities not (...) only from a semantical or model-theoretic viewpoint but from a prooftheoretical and axiomatic stance as well. A paramount feature of the approach is its use of so-called systematic frame constants as labels of diverse grades of probability. Apart from this novel feature our approach can be seen to go back to pioneering work by Lou Goble in 1970. (shrink)

Base rates are vital in predicting violent criminal recidivism. However, both lay people given simulated prediction tasks and professionals milking real life predictions appear insensitive to variations in the base rate of violent recidivism. Although there are techniques to help decision makers attend to base rates, increased decision accuracy is better sought in improved actuarial models as opposed to improved clinicians.

There is an emerging consensus in the literature on probabilistic coherence that such coherence cannot be truth conducive unless the information sources providing the cohering information are individually credible and collectively independent. Furthermore, coherence can at best be truth conducive in a ceteris paribus sense. Bovens and Hartmann have argued that there cannot be any measure of coherence that is truth conducive even in this very weak sense. In this paper, I give an alternative impossibility proof. I provide a relatively (...) detailed comparison of the two results, which turn out to be logically unrelated, and argue that my result answers a question raised by Bovens and Hartmann’s study. Finally, I discuss the epistemological ramifications of these findings and try to make plausible that a shift to an explanatory framework such as Thagard’s is unlikely to turn the impossibility into a possibility. (shrink)

A measure of coherence is said to be truth conducive if and only if a higher degree of coherence (as measured) results in a higher likelihood of truth. Recent impossibility results strongly indicate that there are no (non-trivial) probabilistic coherence measures that are truth conducive. Indeed, this holds even if truth conduciveness is understood in a weak ceteris paribus sense (Bovens & Hartmann, 2003, Bayesian epistemology. New York, Oxford: Oxford University Press; Olsson, 2005, Against coherence: Truth probability and justification. Oxford: (...) Oxford University Press). This raises the problem of how coherence could nonetheless be an epistemically important property. Our proposal is that coherence may be linked in a certain way to reliability. We define a measure of coherence to be reliability conducive if and only if a higher degree of coherence (as measured) results in a higher probability that the information sources are reliable. Restricting ourselves to the most basic case, we investigate which coherence measures in the literature are reliability conducive. It turns out that, while a number of measures fail to be reliability conducive, except possibly in a trivial and uninteresting sense, Shogenji’s measure and several measures generated by Douven and Meijs’s recipe are notable exceptions to this rule. (shrink)