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This paper presents a theory of reasoning with evidence in order to determine the facts in a criminal case. The focus is on the process of proof, in which the facts of the case are determined, rather than on related legal issues, such as the admissibility of evidence. In the literature, two approaches to reasoning with evidence can be distinguished, one argument-based and one story-based. In an argument-based approach to reasoning with evidence, the reasons for and against the occurrence of (...) |
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© The Author 2018. Published by Oxford University Press on behalf of The Analysis Trust. All rights reserved. For Permissions, please email: [email protected] article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model...Philosophy of law was until recently dominated by abstract investigation into the nature of law, a pursuit known as ‘general jurisprudence’. In this way, it resembled a branch of metaphysics or mid-twentieth century philosophy of mind, seeking to uncover the essential properties (...) |
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Journal of Political Philosophy, EarlyView. |
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A recent study showed physicians' reasoning about a realistic case to be ignorant of base rate. It also showed physicians interpreting information pertinent to base rate differently, depending on whether it was presented early or late in the case. Although these adult reasoners might do better if given hints through talk of relative frequencies, this would not prove that they had no problem of base rate neglect. |
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A generation before Beardsley, legal scholar John Henry Wigmore invented a scheme for representing arguments in a tree diagram, aimed to help advocates analyze the proof of facts at trial. In this essay, I describe Wigmore's "Chart Method" and trace its origin and influence. Wigmore, I argue, contributes to contemporary theory in two ways. His rhetorical approach to diagramming provides a novel perspective on problems about the theory of reasoning, premise adequacy, and dialectical obligations. Further, he advances a novel solution (...) |
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Corroborative evidence has a dual function in argument. Primarily, it functions to provide direct evidence supporting the main conclusion. But it also has a secondary, bolstering function which increases the probative value of some other piece of evidence in the argument. This paper argues that the bolstering effect of corroborative evidence is legitimate, and can be explained as counter–rebuttal achieved through inference to the best explanation. A model (argument diagram) of corroborative evidence, representing its structure and operation as a schematic (...) |
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Corroborative evidence may be understood as having two epistemic effects: a primary effect by which it offers direct evidence for some claim, and a secondary effect by which it bolsters the appraised probative, or evidential, value of some other piece of evidence for that claim. This paper argues that the bolstering effect of corroborative evidence is epistemically legitimate because corroboration provides a reason to count the belief based on the initial evidence as sensitive to, and safe from, defeat in a (...) |
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The environment in which humans evolved is strongly and positively autocorrelated in space and time. Probabilistic judgments based on the assumption of independence may not yield evolutionarily adaptive behavior. A number of “faults” of human reasoning are not faulty under fuzzy arithmetic, a nonprobabilistic calculus of reasoning under uncertainty that may be closer to that underlying human decision making. |
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In contrast to traditional research on base-rate neglect, an ecologically-oriented research program would analyze the correspondence between cognitive algorithms and the nature of information in the environment. Bayesian computations turn out to be simpler when information is represented in frequency formats as opposed to the probability formats used in previous research. Frequency formats often enable even uninstructed subjects to perform Bayesian reasoning. |
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The base rate literature has an opposite twin in the social psychological literature on stereotypes, which concludes that people use their preexisting beliefs about probabilistic category attributes too much, rather than not enough. This ironic discrepancy arises because beliefs about category attributes enhance accuracy when the beliefs are accurate and diminish accuracy when they are not. To determine the accuracy of base rate/stereotype beliefs requires research that addresses specific content. |
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In this essay, Weinstein wants to address the issue of argument strength, of how strongly the premises of an argument support a conclusion. Using the framework of the Toulmin model, arguments have warrants which indicate some general connection between the premises and the conclusion of the argument. We may ask for the backing of the warrant, evidence for it. If the connection is an empirical generalization, the backing includes data supporting the generalization. But the backing may include theoretical generalizations, which (...) |
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Abstract(1) There is enough contradictory evidence regarding the role of base rates in category learning to confirm the nonexistence of biases in such learning. (2) It is not always possible to activate statistical reasoning through frequentist representation. (3) It is necessary to use the concept of systematic processing in reconsidering the published work on biases. |
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The important question is how people process probabilistic information, not whether they process it in accordance with a normative model that we never should have expected them to be capable of following. Experience is not the cure, as widely thought, to problems with utilizing base rate information. |
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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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Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond. |
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As illustrated by research Koehler himself cites (Dawes et al. 1993), the purpose of experiments is to choose between contrasting explanations of past observations – rather than to seek statistical generalizations about the prevalence of effects. True external validity results not from sampling various problems that are representative of “real world” decision making, but from reproducing an effect in the laboratory with minimal contamination (including from real world factors). |
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The base rate fallacy is directly dependent on a particular judgment paradigm in which information may be unambiguously designated as either “base rate” or “individuating,” and in which subjects make two-stage sequential judgments. The paradigm may be a poor match for real world settings, and the fallacy may thus be undefined for natural ecologies of judgment. |
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There is a familiar risk of antinomy if fromxisEand p(xisH/xisE) =rit is permissible to infer p(xisH) =r, and what Carnap (1950) called “The requirement of total evidence” will not prevent such antinomies satisfactorily. What is needed instead is a properly developed theory of evidential weight. |
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The object of this paper is to show why recent research in the psychology of deductive and probabilistic reasoning does not have. |
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