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)

Mentalism preserves the triad: brain's state — thought — state of affairs whereas phy‐sicalism identifies the former two elements of it. Both stands meet the famous difficulties. But these presuppose ontological actualism. On the ground of ontological possibilism, claiming the existence of all possible worlds, one may identify a thought with the corresponding state of affairs in a possible world. Yet, possibilism turns out to be too narrow to carry such an identification and requires a significant generalization.

In a seminal work, Tversky and Kahneman showed that in some contexts people tend to believe that a conjunction of events (e.g., Linda is a bank teller and is active in the feminist movement) is more likely to occur than one of the conjuncts (e.g., Linda is a bank teller). This belief violates the conjunction rule in probability theory. Tversky and Kahneman called this phenomenon the “conjunction fallacy”. Since the discovery of the phenomenon in 1983, researchers in psychology and philosophy (...) have engaged in important controversies around the conjunction fallacy. The goal of this paper is to explore the most important of these controversies, namely, the controversy about the nature of the conjunction fallacy. Is the conjunction fallacy mainly due to a misunderstanding of the problem by participants (misunderstanding hypothesis) or is it mainly due to a genuine reasoning bias (reasoning bias hypothesis)? A substantial portion of research on the topic has been directed to test the misunderstanding hypothesis. I review this literature and argue that a stronger case can be made against the misunderstanding hypothesis. Thus, I indirectly provide support for the reasoning bias hypothesis. (shrink)

This paper addresses the problems of justifying and explaining beliefs about facts in the context of civil trials. The first section contains some remarks about the nature of adjudicative fact-finding and highlights the communicative features of deciding about facts in judicial context. In Sect. 2, some difficulties and the incompleteness presented by Bayesian and coherentist frameworks, which are taken as methods suitable to solve the above-mentioned problems, are pointed out. In the third section, the purely epistemic approach to the justification (...) and the explanation of beliefs about facts is abandoned and focus is given to the dialectical nature of civil procedure, where the parties and, particularly, the judge have to make their reasoning clear enough to allow a fruitful and efficient debate about facts. For this purpose, a communication/argumentation system is put forward, consisting of fourteen intertwined rules of discourse. The system embodies the fundamental epistemic principle according to which belief is updated given new evidence, is tailored for abductive inferences and is structured on fundamental concepts of civil procedural law. The fourth section presents an empirical application of the system to a real case. (shrink)

Judges and jurors must make decisions in an environment of ignoranceand uncertainty for example by hearing statements of possibly unreliable ordishonest witnesses, assessing possibly doubtful or irrelevantevidence, and enduring attempts by the opponents to manipulate thejudge''s and the jurors'' perceptions and feelings. Three importantaspects of decision making in this environment are the quantificationof sufficient proof, the weighing of pieces of evidence, and therelevancy of evidence. This paper proposes a mathematical frameworkfor dealing with the two first aspects, namely the quantification ofproof (...) and weighing of evidence. Our approach is based on subjectivelogic, which is an extension of standard logic and probability theory,in which the notion of probability is extended by including degrees ofuncertainty. Subjective Logic is a framework for modelling humanreasoning and we show how it can be applied to legalreasoning. (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)

Recent results in probability theory have cast doubt on coherentism, purportedly showing (a) that coherence among a set of beliefs cannot raise their probability unless individual beliefs have some independent credibility, and (b) that no possible measure of coherence makes coherence generally probability-enhancing. I argue that coherentists can reject assumptions on which these theorems depend, and I derive a general condition under which the concurrence of two information sources lacking individual credibility can raise the probability of what they report.

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 (...) an event, e.g., based on witness testimony, are central. In a story-based approach, evidence is evaluated and interpreted from the perspective of the factual stories as they may have occurred in a case, e.g., as they are defended by the prosecution. In this paper, we argue that both arguments and narratives are relevant and useful in the reasoning with and interpretation of evidence. Therefore, a hybrid approach is proposed and formally developed, doing justice to both the argument-based and the narrative-based perspective. By the formalization of the theory and the associated graphical representations, our proposal is the basis for the design of software developed as a tool to make sense of the evidence in complex cases. (shrink)

© 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 (...) of a general and multiply realizable phenomenon. Today, philosophers study law with a sharper focus, and with a more specialized lens – that of ethicists, for example, or epistemologists, or philosophers of action.That is not to say there has been a drop in groundbreaking work in general jurisprudence (see, for... (shrink)

Journal of Political Philosophy, EarlyView.

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 (...) to the problem of assessing argument quality by representing the strength of argument in meeting objections. (shrink)

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 (...) pattern of defeasible argument is also supplied. In addition to explaining the operation and theoretical foundation of corroborative evidence, the model facilitates the correct analysis and guides the evaluation (assessment and critique) of corroborative evidence as it occurs in argument. (shrink)