A systematic account of probabilistic fallacies in legal fact-finding
Bibliographic Data
| ID | 12595592 |
|---|---|
| Authors | Christian Dahlman (0000-0003-3118-9486, Lund University, corresponding author) |
| Year | 2023 |
| Volume | 28 |
| Issue | 1 |
| Pages | 45-64 |
| Publication date | 2023-10-29 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The International Journal of Evidence & Proof (JOURNAL) |
| Journal identifiers | ISSN: 1365-7127 • E-ISSN: 1740-5572 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/13657127231209019 |
| OpenAlex | W4388108587 |
| Language | EN |
| References cited | 27 |
Evidence scholars have observed probabilistic fallacies in legal fact-finding and given them names since the 1980s (for example ‘Prosecutor's Fallacy’ and ‘Defense Attorney's Fallacy’). This has produced a rather un-organised list of over a dozen different probabilistic fallacies. In this article, the author proposes a systematic account where the observed probabilistic fallacies are organised in categories. Hierarchical relations between probabilistic fallacies are highlighted, and some fallacies are re-named to reflect the category they belong to and their relation to other fallacies in that category. All fallacies are precisely defined and illustrated with examples from real cases where they are committed by fact-finders. The result is a list of 12 probabilistic fallacies organised into 7 categories
Data mining · Epistemology · Fallacy · Political science · Probabilistic logic · Relation (database · Artificial Intelligence in Law · Computer Science · Jury Decision Making Processes · Law · Law, Economics, and Judicial Systems · Philosophy
| Citation velocity | historical |
|---|---|
| Highly cited | No |