Legal Theory · 2019 · 18 citations · 8 references
LawJurisprudencePhilosophyLegal RealismNature Of SciencePhilosophy Of LawLegal SystemsScientific EvidenceEpistemic RationalityLegal SkepticismSafety-based Epistemology
ABSTRACT In a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety's value here, and we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy.
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Keith DeRose · The Philosophical Review · 1995 · 1.2K citations
How to Defeat Opposition to Moore
Ernest Sosa · Noûs · 1999 · 907 citations
When Does Evidence Suffice for Conviction?
Martin Smith · Mind · 2017 · 135 citations · Full text