Justice in epistemic gaps: The ‘proof paradox’ revisited

Philosophical Issues 31 (1):315-333 (2021)
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Abstract

This paper defends the heretical view that, at least in some cases, we ought to assign legal liability based on purely statistical evidence. The argument draws on prominent civil law litigation concerning pharmaceutical negligence and asbestos-poisoning. The overall aim is to illustrate moral pitfalls that result from supposing that it is never appropriate to rely on bare statistics when settling a legal dispute.

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Lewis Ross
London School of Economics

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