This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

We argue that legal argumentation, as the subject matter as well as a special subfield of Argumentation Studies (AS), has to be examined by making skilled use of the full panoply of tools such as argumentation and story schemes which are at the forefront of current work in AS. In reviewing the literature, we make explicit our own methodological choices (particularly regarding the place of normative deliberation in practical reasoning) and then illustrate the implications of such an approach through the (...) analysis of a case study in the English law of evidence. We argue that a clear distinction must be drawn between practical argumentation and stories. Because of the institutional separation between legal judgment and fact-finding in common-law jury trials, we argue for the combination of argument and story-based analysis. (shrink)

This paper presents empirical findings from a set of reasoning and mock jury studies presented at the Experimental Psychology Oxford Seminar Series (2010) and the King's Bench Chambers KBW Barristers Seminar Series (2010). The presentation asks the following questions and presents empirical answers using the Lenses of Evidence Framework (Cowley & Colyer, 2010; see also van Koppen & Wagenaar, 1993): -/- Why is mental representation important for psychology? -/- Why is mental representation important for evidence law? -/- Lens (...) 1: The self representation - Key findings -/- Lens 2: The expert representation - Key findings -/- Lens 3: The anchor representation - Key findings -/- Conclusions & Future directions. -/- The series of research essentially explores how people represent evidence in mind and presents key findings now cited in the following literatures: Philosophy of Science, Cognitive Expertise, Behavioural Economics, Cognitive Science, Psychology and Public Policy, & Causation and the Law. (shrink)

In this multi-disciplinary investigation we show how an evidence-based perspective of quantification---in terms of algorithmic verifiability and algorithmic computability---admits evidence-based definitions of well-definedness and effective computability, which yield two unarguably constructive interpretations of the first-order Peano Arithmetic PA---over the structure N of the natural numbers---that are complementary, not contradictory. The first yields the weak, standard, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically verifiable Tarskian truth values to the formulas of PA under (...) the interpretation. The second yields a strong, finitary, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically computable Tarskian truth values to the formulas of PA under the interpretation. We situate our investigation within a broad analysis of quantification vis a vis: * Hilbert's epsilon-calculus * Goedel's omega-consistency * The Law of the Excluded Middle * Hilbert's omega-Rule * An Algorithmic omega-Rule * Gentzen's Rule of Infinite Induction * Rosser's Rule C * Markov's Principle * The Church-Turing Thesis * Aristotle's particularisation * Wittgenstein's perspective of constructive mathematics * An evidence-based perspective of quantification. By showing how these are formally inter-related, we highlight the fragility of both the persisting, theistic, classical/Platonic interpretation of quantification grounded in Hilbert's epsilon-calculus; and the persisting, atheistic, constructive/Intuitionistic interpretation of quantification rooted in Brouwer's belief that the Law of the Excluded Middle is non-finitary. We then consider some consequences for mathematics, mathematics education, philosophy, and the natural sciences, of an agnostic, evidence-based, finitary interpretation of quantification that challenges classical paradigms in all these disciplines. (shrink)

In this multi-disciplinary investigation we show how an evidence-based perspective of quantification---in terms of algorithmic verifiability and algorithmic computability---admits evidence-based definitions of well-definedness and effective computability, which yield two unarguably constructive interpretations of the first-order Peano Arithmetic PA---over the structure N of the natural numbers---that are complementary, not contradictory. The first yields the weak, standard, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically verifiable Tarskian truth values to the formulas of PA under (...) the interpretation. The second yields a strong, finitary, interpretation of PA over N, which is well-defined with respect to assignments of algorithmically computable Tarskian truth values to the formulas of PA under the interpretation. We situate our investigation within a broad analysis of quantification vis a vis: * Hilbert's epsilon-calculus * Goedel's omega-consistency * The Law of the Excluded Middle * Hilbert's omega-Rule * An Algorithmic omega-Rule * Gentzen's Rule of Infinite Induction * Rosser's Rule C * Markov's Principle * The Church-Turing Thesis * Aristotle's particularisation * Wittgenstein's perspective of constructive mathematics * An evidence-based perspective of quantification. By showing how these are formally inter-related, we highlight the fragility of both the persisting, theistic, classical/Platonic interpretation of quantification grounded in Hilbert's epsilon-calculus; and the persisting, atheistic, constructive/Intuitionistic interpretation of quantification rooted in Brouwer's belief that the Law of the Excluded Middle is non-finitary. We then consider some consequences for mathematics, mathematics education, philosophy, and the natural sciences, of an agnostic, evidence-based, finitary interpretation of quantification that challenges classical paradigms in all these disciplines. (shrink)

We use Bayesian tools to assess Law’s skeptical argument against the historicity of Jesus. We clarify and endorse his sub-argument for the conclusion that there is good reason to be skeptical about the miracle claims of the New Testament. However, we dispute Law’s contamination principle that he claims entails that we should be skeptical about the existence of Jesus. There are problems with Law’s defense of his principle, and we show, more importantly, that it is not supported by Bayesian considerations. (...) Finally, we show that Law’s principle is false in the specific case of Jesus and thereby show, contrary to the main conclusion of Law’s argument, that biblical historians are entitled to remain confident that Jesus existed. (shrink)

The common view that Hume is a regularity theorist about laws of nature isn’t textually well grounded. The texts show that he thinks of them as objective governing principles that could conceivably be violated while still counting as a law of nature. This is a standard view at the time, and Hume borrows it from others. He implies that the best evidence for rational religion is the exceptionless workings of the laws of nature, he argues that suicide isn’t incompatible (...) with the will of God by identifying his will with the laws of nature, and he has Philo argue for the existence of God from the simplicity of the laws governing the world. He sheds some of the theological baggage that laws of nature carry at the time, but not all of it. (shrink)

This article proposes to read John Banville’s The Book of Evidence, a crime story narrated from the protagonist’s first-person gaze, from a Lacanian perspective by referring to his mirror stage theory. As an extension of testimonial literature, the novel is deemed to be a narrative of introspective self-examination, thus introducing a creation of “the self” paralleling the text. The protagonist’s mnemonic narrative is accompanied by the idea of an alternative world of not only self-expression but also self-depiction and presentation, (...) as in Lacan’s Imaginary. This self-creation, however, may not be as innocent as it seems. The reason for this is that although the mirror phase involves a transition from the Imaginary to the Symbolic, it presupposes the role of the other, biologically (m)other, in order to accustom the subject to the law of society. However, just because the protagonist, Freddie, mentions his mother’s presence as “nothing,” there is no soothing force for his adaptation to societal laws. Here, Freddie is subject to what Lacan sees as a minor prototype who lives in a society and yet is attached to his own rules, which is the first principle of male violence associated with this novel. Therefore, this article also tries to find answers for Freddie’s performance of male violence within the axis of psychoanalytic postulations elaborated on Lacan’s identity theory. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to (...) the impossibility of no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

I emphasize two merits of Eric Watkins’ account in "Kant on Laws": the strong evidential support it has, and the central place it gives to Kant’s laws of mechanics. Then, I raise two questions for further research. 1. What kind of evidential reasoning confirms a Kantian law? 2. Do natures explain Kantian laws? If so, how?

Beyond reveals evidence of three of the most sought after universal and human mysteries - the origin of the universe, the location of God's spiritual dimension, and the origin of human consciousness. Beyond unveils a highly syntactic, pragmatic paradigm, a universal, interconnecting system that places access to all pre-existing potential knowledge in the possession of humanity. Dr. Sprock reveals these three discoveries as the Occam's razor (Scientific principle: All things being equal, the simplest explanation tends to be the correct (...) one) of explanations of how the universe was created, the location of God's spiritual dimension, and the origin of human consciousness. This new knowledge takes humanity to its final destination. We can now tap into the universal vault of information that is coded into the universal frequencies within the fabric of the universe that have their origin in the infinite, spiritual dimension of God consciousness. How the systems of the universe function are brought to Earth level and are explained as to how they work in everyday living situations. The emotional burden carried by humans, due to lack of understanding, of why situations and circumstances occur are lifted, freeing you to focus on your life without emotional upheavals that distract you from your destiny's path. Beneficiaries are empowered to choose anew rather than continually recall and repeat undesired patterns of resistance-attraction and self-sabotage. This knowledge will bring greater joy and prosperity into your life. All the dots of modern science and ancient scripture have been connected. The code has been cracked and now will shift the perception human consciousness has of reality, forever. This is a huge game changer for the consciousness of humankind. Once this knowledge is introduced, accepted, and then applied to your daily routines, you will receive the boost needed to surge beyond your 10-12% brain usage at this point in your history. The Bose-Einstein Condensation is in direct concurrence with Dr. Sprock's location of God consciousness; the wave/frequency aspect of Nature yields the mental/consciousness; the particle/matter aspect of Nature yields the material. Dr. Sprock applies this phenomenon to the God consciousness/human consciousness connection. Dr. Sprock takes the Condensate a step further and explains the location of God consciousness existing in a spiritual, infinite dimension that spatially extended Spiritual DNA consciousness through frequency (Wave), which then vibrated to form density particles (Matter), creating the three dimensions of the physical universe and the origin of human consciousness. The frequencies carry the codes of God consciousness to human consciousness via the physical brain and the subconscious mind hologram. (shrink)

Sentience is the capacity to have feelings, such as feelings of pain, pleasure, hunger, thirst, warmth, joy, comfort and excitement. It is not simply the capacity to feel pain, but feelings of pain, distress or harm, broadly understood, have a special significance for animal welfare law. Drawing on over 300 scientific studies, we evaluate the evidence of sentience in two groups of invertebrate animals: the cephalopod molluscs or, for short, cephalopods (including octopods, squid and cuttlefish) and the decapod crustaceans (...) or, for short, decapods (including crabs, lobsters and crayfish). We also evaluate the potential welfare implications of current commercial practices involving these animals. (shrink)

Finnis claims that his theory proceeds from seven basic principles of practical reason that are self-evidently true. While much has been written about the claim of self-evidence, this article considers it in relation to the rigorous claims of logic and mathematics. It argues that when considered in this light, Finnis equivocates in his use of the concept of self-evidence between the realist Thomistic conception and a purely formal, modern symbolic conception. Given his respect for the modern positivist separation (...) of fact and value, the realism of the Thomistic conception cannot be the foundation for the natural law as Finnis would reconstruct it. Nor can the purely formal modern conception of self-evidence provide a foundation for practical reason. This raises some doubt as to whether there can be self-evident principles of practical reason as Finnis suggests. The article contributes to the analysis of the Finnis reconstruction of the natural law by providing a rigorous analysis of his claim for self-evidence. It frames this analysis historically, suggesting the roles that certainty and mystery play in the apprehension of moral meaning. (shrink)

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist (...) position—or omits probative evidence. Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

The law views with suspicion statistical evidence, even evidence that is probabilistically on a par with direct, individual evidence that the law is in no way suspicious of. But it has proved remarkably hard to either justify this suspicion, or to debunk it. In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight Sensitivity – the requirement that a belief be counterfactually sensitive to the truth in a (...) specific way – as a way of epistemically explaining the legal suspicion towards statistical evidence. Still, we do not think of this as a satisfactory vindication of the reluctance to rely on statistical evidence. Knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value. Instead, we tell an incentive-based story vindicating the suspicion towards statistical evidence. We conclude by showing that the epistemological story and the incentive-based story are closely and interestingly related, and by offering initial thoughts about the role of statistical evidence in morality. (shrink)

How were reliable predictions made before Pascal and Fermat's discovery of the mathematics of probability in 1654? What methods in law, science, commerce, philosophy, and logic helped us to get at the truth in cases where certainty was not attainable? The book examines how judges, witch inquisitors, and juries evaluated evidence; how scientists weighed reasons for and against scientific theories; and how merchants counted shipwrecks to determine insurance rates. Also included are the problem of induction before Hume, design arguments (...) for the existence of God, and theories on how to evaluate scientific and historical hypotheses. It is explained how Pascal and Fermat's work on chance arose out of legal thought on aleatory contracts. The book interprets pre-Pascalian unquantified probability in a generally objective Bayesian or logical probabilist sense. (shrink)

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of (...) Bare Statistical Evidence. While this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

This article examines the reporting requirements in four jurisdictions in which assisted dying (euthanasia and/or assisted suicide) is legally regulated: the Netherlands, Belgium, Oregon and Switzerland. These jurisdictions were chosen because each had a substantial amount of empirical evidence available. We assess the available empirical evidence on reporting and what it tells us about the effectiveness of such requirements in encouraging reporting. We also look at the nature of requirements on regulatory bodies to refer cases not meeting the (...) legal criteria to either prosecutorial or disciplinary authorities. We assess the evidence available on the outcomes of reported cases, including the rate of referral and the ultimate disposition of referred cases. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Some form of assisted dying (voluntary euthanasia and/or assisted suicide) is lawful in the Netherlands, Belgium, Oregon, and Switzerland. In order to be lawful in these jurisdictions, a valid request must precede the provision of assistance to die. Non-adherence to the criteria for valid requests for assisted dying may be a trigger for civil and/or criminal liability, as well as disciplinary sanctions where the assistor is a medical professional. In this article, we review the criteria and evidence in respect (...) of requests for assisted dying in the Netherlands, Belgium, Oregon, and Switzerland, with the aim of establishing whether individuals who receive assisted dying do so on the basis of valid requests. We conclude that the evidence suggests that individuals who receive assisted dying in the four jurisdictions examined do so on the basis of valid requests and third parties who assist death do not act unlawfully. However, further research on the elements that may undermine the validity of requests for assisted dying is warranted. More research on the reasons why requests for assisted dying are refused is also desirable. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find that (...) ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Over almost a half-century, evidence law scholars and philosophers have contended with what have come to be called the “Proof Paradoxes.” In brief, the following sort of paradox arises: Factfinders in criminal and civil trials are charged with reaching a verdict if the evidence presented meets a particular standard of proof—beyond a reasonable doubt, in criminal cases, and preponderance of the evidence, in civil trials. It seems that purely statistical evidence can suffice for just such a (...) level of certainty in a variety of cases where our intuition is that it would nonetheless be wrong to convict the defendant, or find in favor of the plaintiff, on merely statistical evidence. So, we either have to convict with statistical evidence, in spite of an intuition that this is unsettling, or else explain what (dispositive) deficiency statistical evidence has. -/- Most scholars have tried to justify the resistance to relying on merely statistical evidence: by relying on epistemic deficiencies in this kind of evidence; by relying on court practice; and also by reference to the psychological literature. In fact, I argue, the epistemic deficiencies philosophers and legal scholars allege are suspect. And, I argue, while scholars often discuss unfairness to civil defendants, they ignore a long history of relying on statistical evidence in a variety of civil matters, including employment discrimination, toxic torts, and market share liability cases. Were the dominant arguments in the literature to prevail, it would extremely difficult for plaintiffs to recover in a variety of cases. -/- The various considerations I advance lead to the conclusion that when it comes to naked statistical evidence, philosophers and legal scholars who argue for its insufficiency have been caught with their pants down. (shrink)

Laws of nature have various roles in scientific practice. It is widely agreed that an adequate theory of lawhood ought to align with the roles that scientists assign to the laws. But philosophers disagree over whether Humean laws or non-Humean laws are better at filling these roles. In this paper, I provide an argument for settling this dispute. I consider possible situations in which scientists receive conclusive evidence that—according to the non-Humean—falsifies their beliefs about the laws, but which—according to (...) the Humean—does not falsify their beliefs about the laws. I argue that, in these possible scenarios, all law-related aspects of scientific practice would remain unchanged. In other words, scientists would treat the regularities “preferred” by the Humean as the laws of nature. On this basis, I conclude that non-Humean laws fail to align with scientific practice. (shrink)

We show how removing faith-based beliefs in current philosophies of classical and constructive mathematics admits formal, evidence-based, definitions of constructive mathematics; of a constructively well-defined logic of a formal mathematical language; and of a constructively well-defined model of such a language. -/- We argue that, from an evidence-based perspective, classical approaches which follow Hilbert's formal definitions of quantification can be labelled `theistic'; whilst constructive approaches based on Brouwer's philosophy of Intuitionism can be labelled `atheistic'. -/- We then adopt (...) what may be labelled a finitary, evidence-based, `agnostic' perspective and argue that Brouwerian atheism is merely a restricted perspective within the finitary agnostic perspective, whilst Hilbertian theism contradicts the finitary agnostic perspective. -/- We then consider the argument that Tarski's classic definitions permit an intelligence---whether human or mechanistic---to admit finitary, evidence-based, definitions of the satisfaction and truth of the atomic formulas of the first-order Peano Arithmetic PA over the domain N of the natural numbers in two, hitherto unsuspected and essentially different, ways. -/- We show that the two definitions correspond to two distinctly different---not necessarily evidence-based but complementary---assignments of satisfaction and truth to the compound formulas of PA over N. -/- We further show that the PA axioms are true over N, and that the PA rules of inference preserve truth over N, under both the complementary interpretations; and conclude some unsuspected constructive consequences of such complementarity for the foundations of mathematics, logic, philosophy, and the physical sciences. -/- . (shrink)

Could it be right to convict and punish defendants using only statistical evidence? In this paper, I argue that it is not and explain why it would be wrong. This is difficult to do because there is a powerful argument for thinking that we should convict and punish defendants using statistical evidence. It looks as if the relevant cases are cases of decision under risk and it seems we know what we should do in such cases (i.e., maximize (...) expected value). Given some standard assumptions about the values at stake, the case for convicting and punishing using statistical evidence seems solid. In trying to show where this argument goes wrong, I shall argue (against Lockeans, reliabilists, and others) that beliefs supported only by statistical evidence are epistemically defective and (against Enoch, Fisher, and Spectre) that these epistemic considerations should matter to the law. To solve the puzzle about the role of statistical evidence in the law, we need to revise some commonly held assumptions about epistemic value and defend the relevance of epistemology to this practical question. (shrink)

Legal epistemology has been an area of great philosophical growth since the turn of the century. But recently, a number of philosophers have argued the entire project is misguided, claiming that it relies on an illicit transposition of the norms of individual epistemology to the legal arena. This paper uses these objections as a foil to consider the foundations of legal epistemology, particularly as it applies to the criminal law. The aim is to clarify the fundamental commitments of legal epistemology (...) and suggest a way to vindicate it. (shrink)

Martin Smith has recently proposed, in this journal, a novel and intriguing approach to puzzles and paradoxes in evidence law arising from the evidential standard of the Preponderance of the Evidence. According to Smith, the relation of normic support provides us with an elegant solution to those puzzles. In this paper I develop a counterexample to Smith’s approach and argue that normic support can neither account for our reluctance to base affirmative verdicts on bare statistical evidence nor (...) resolve the pertinent paradoxes. Normic support is, as a consequence, not a successful epistemic anti-luck condition. (shrink)

The fundamental constants that are involved in the laws of physics which describe our universe are finely-tuned for life, in the sense that if some of the constants had slightly different values life could not exist. Some people hold that this provides evidence for the existence of God. I will present a probabilistic version of this fine-tuning argument which is stronger than all other versions in the literature. Nevertheless, I will show that one can have reasonable opinions such that (...) the fine-tuning argument doesn’t lead to an increase in one’s probability for the existence of God. (shrink)

This article draws upon the epistemology of testimony to analyse recent English case law on expert evidence. It argues that the courts are implicitly committed to an internalist epistemology and an inferentialist view of testimony, and draws a distinction between testimony which is treated as authoritative (where the fact-finder accepts the inferences drawn by the expert without attempting to assess their validity) and that which is treated as merely persuasive.

My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...) is no tension between the principled approach to hearsay and the rule of law. (shrink)

Proceeding from serendipitous observations, three studies and two pilot experiments examined how the way mental representations are conceived varies as the subjective status of the representations is manifest or otherwise. Participants were found to produce simple line drawings differently when the drawings were assumed to represent mental contents (beliefs, imaginations, percepts). The results challenged particular lay epistemological concepts. They were partly accounted for by Gricean conversational rules, but a "subjective status bias" was postulated to have them fully explained. The discussion (...) and recommendations for research--completed with two pilot studies--center on the nature of this bias relating it either to a tendency to conceive subjective representations as vague "shadows of reality", or to a tendency to have an increased impact of the law of pregnance. The empirical outcomes of the pilot studies argue for the latter tendency. (shrink)

Why can testimony alone be enough for findings of liability? Why statistical evidence alone can’t? These questions underpin the “Proof Paradox” (Redmayne 2008, Enoch et al. 2012). Many epistemologists have attempted to explain this paradox from a purely epistemic perspective. I call it the “Epistemic Project”. In this paper, I take a step back from this recent trend. Stemming from considerations about the nature and role of standards of proof, I define three requirements that any successful account in line (...) with the Epistemic Project should meet. I then consider three recent epistemic accounts on which the standard is met when the evidence rules out modal risk (Pritchard 2018), normic risk (Ebert et al. 2020), or relevant alternatives (Gardiner 2019 2020). I argue that none of these accounts meets all the requirements. Finally, I offer reasons to be pessimistic about the prospects of having a successful epistemic explanation of the paradox. I suggest the discussion on the proof paradox would benefit from undergoing a ‘value-turn’. (shrink)

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)

There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear (...) to be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)

The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is more important, by (...) recognizing this relationship between Hume's and Hobbes's works we can come to appreciate the unity of the project of the Treatise itself. My discussion will proceed in three stages. In section I present the evidence for my central thesis. In the second section I shall consider why Hume does not, as one might expect, acknowledge this important debt to Hobbes in the Introduction to the Treatise or in the Abstract. Finally, in the third section I shall note a few points of some importance to the understanding of Hume's philosophy which this relationship between Hobbes's and Hume's work touches upon. (shrink)

Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, Leuridan (...) misconstrues this discussion. His weak positive claim that mechanistic sciences appeal to generalizations is true but uninteresting. His stronger claim, that all causal claims require laws, is unsupported by his arguments. Though we proceed by criticizing Leuridan’s arguments, our greater purpose is to embellish his arguments in order to show how thinking about mechanisms enriches and transforms old philosophical debates about laws in biology and provides new insights into how generalizations afford prediction, explanation and control. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not apply. CP (...) laws also cannot be said to be simply false due to the indefinitely many conditions not explicitly stated in their associated model: scientific CP clauses imply that these are, given the evidence, not nomically relevant. (shrink)

Recently, the practice of deciding legal cases on purely statistical evidence has been widely criticised. Many feel uncomfortable with finding someone guilty on the basis of bare probabilities, even though the chance of error might be stupendously small. This is an important issue: with the rise of DNA profiling, courts are increasingly faced with purely statistical evidence. A prominent line of argument—endorsed by Blome-Tillmann 2017; Smith 2018; and Littlejohn 2018—rejects the use of such evidence by appealing to (...) epistemic norms that apply to individual inquirers. My aim in this paper is to rehabilitate purely statistical evidence by arguing that, given the broader aims of legal systems, there are scenarios in which relying on such evidence is appropriate. Along the way I explain why popular arguments appealing to individual epistemic norms to reject legal reliance on bare statistics are unconvincing, by showing that courts and individuals face different epistemic predicaments (in short, individuals can hedge when confronted with statistical evidence, whilst legal tribunals cannot). I also correct some misconceptions about legal practice that have found their way into the recent literature. (shrink)

Medicine, like law, is a pragmatic, probabilistic activity. Both require that decisions be made on the basis of available evidence, within a limited time. In contrast to law, medicine, particularly evidence-based medicine as it is currently practiced, aspires to a scientific standard of proof, one that is more certain than the standards of proof courts apply in civil and criminal proceedings. But medicine, as Dr. William Osler put it, is an "art of probabilities," or at best, a "science (...) of uncertainty." One can better practice medicine by using other evidentiary standards in addition to the "scientific." To employ only the scientific standard of proof is inappropriate, if not impossible; furthermore, as this review will show, its application in medicine is fraught with bias. Evidence is information. It supports or undermines a proposition, whether a hypothesis in science, a diagnosis in medicine, or a fact or point in question in a legal investigation. In medicine, physicians marshal evidence to make decisions on how to best prevent, diagnose, and treat disease, and improve health. In law, courts decide the facts and render justice. Judges and juries assess evidence to establish liability, to settle custody and medical issues, and to determine a defendant's guilt or innocence. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The lie detector test has long been treated with suspicion by the law. Recently, several authors have called this suspicion into question. They argue that the lie detector test may have considerable forensic benefits, particularly if we move past the classic, false-positive prone, autonomic nervous system-based (ANS-based) control question test, to the more reliable, brain-based, concealed information test. These authors typically rely on a “comparative advantage” argument to make their case. According to this argument, we should not be so suspicious (...) of lie detection evidence if it has comparative advantages over the epistemic methods currently utilised by the legal system. In this article, I add to this growing support by making a novel comparative advantage argument in favour of brain-based lie detection evidence. The argument focuses on the P300 concealed information test (P300 CIT), which has several unique properties, and on the effect it may have on pre-trial bargaining in criminal cases rather than in-court evidence. The thesis is that P300 CIT could allow for innocent defendants to credibly signal their innocence to investigators and prosecutors during pre-trial bargaining more effectively than current proposed methods for doing the same thing. I defend this argument from a number of objections, and suggest that it opens up an interesting avenue in the ongoing debate about the merits of this technology. Although the argument is presented with the criminal law in mind, it could form part of a more general cumulative case in favour of this technology. (shrink)

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications (...) and character evidence. (shrink)

My thesis in this paper is: the modern concept of laws of motion—qua dynamical laws—emerges in 18th-century mechanics. The driving factor for it was the need to extend mechanics beyond the centroid theories of the late-1600s. The enabling result behind it was the rise of differential equations. -/- In consequence, by the mid-1700s we see a deep shift in the form and status of laws of motion. The shift is among the critical inflection points where early modern mechanics turns into (...) classical mechanics as we know it. Previously, laws of motion had been channels for truth and reference into mechanics. By 1750, the laws lose these features. Instead, now they just assert equalities between functions; and serve just to entail (differential) equations of motion for particular mechanical setups. This creates two philosophical problems. First, it’s unclear what counts as evidence for the laws of motion in the Enlightenment. Second, it’s a mystery whether these laws retain any notion of causality. That subverts the early-modern dictum that physics is a science of causes. (shrink)