A missing piece in the debate about naked statistical evidence
Bibliographic Data
| ID | 12596196 |
|---|---|
| Authors | Alejo Joaquín Giles (0000-0001-5088-6469, University of Girona, Girona, Spain; University of Genoa, Genoa, Italy, corresponding author) |
| Year | 2023 |
| Volume | 28 |
| Issue | 1 |
| Pages | 3-20 |
| Publication date | 2023-06-20 |
| 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 | 10.1177/13657127231183778 |
| OpenAlex | W4381328268 |
| Language | EN |
| References cited | 47 |
In this article, I want to draw attention to a class of cases that is ignored, sometimes deliberately, in the debate about the probative value of naked statistical evidence (NSE). I am talking about cases in which ‘statistical’ propositions are the principal subject of proof. I will show that they are legally relevant and remain immune to the arguments against NSE put forward in the evidence literature. All of this, I will conclude, makes it convenient to pay more attention to them. First, I will highlight the hypothetical cases discussed in the NSE debate and the kind of propositions that must be proved in them: ‘singular’ propositions. Second, I will show that there are other cases, also relevant in legal systems, in which the principal factum probandum are ‘statistical’ propositions. Third, I will argue that this difference is substantial for the NSE debate
Computer security · Econometrics · Economics · Epistemology · Law and economics · Null hypothesis · Political science · Positive economics · Principal (computer security · Sociology · Statistical evidence · Subject (documents · Computer Science · Jury Decision Making Processes · Law · Law, Economics, and Judicial Systems · Medical Malpractice and Liability Issues · Philosophy · Psychology
Two Notes on Probability
The Probable and The Provable
The Structure of Science
Trial by Mathematics
Aspects of Scientific Explanation and Other Essays
Normative Systems
Statistical Evidence and Individual Litigants
Naked statistical evidence and incentives for lawful conduct
Generalisations, causal relationships and moral responsibility
Legal Decisions and the Reference Class Problem
The Epistemology of Statistical Evidence
Is it a Crime to Belong to a Reference Class
The reference class problem is your problem too
Probabilistic truthlikeness, content elements, and meta-inductive probability optimization
An Economic Approach to the Law of Evidence
A Treatise on Induction and Probability
Naked statistical evidence of liability
Statistical Evidence, Sensitivity, and the Legal Value of Knowledge
Recent work on the proof paradox
| Citation velocity | historical |
|---|---|
| Highly cited | No |