2019
DOI: 10.1093/lpr/mgz016
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Coherence and probability in legal evidence

Abstract: The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductio… Show more

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Cited by 5 publications
(5 citation statements)
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References 22 publications
(27 reference statements)
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“…Second, our results identify two additional contributing factors, namely the base rate-dependent neglect of false alarm rates, and the binary decision-dependent overweighting of the false-alarm rate. Previous studies have reported the neglect of false alarm rates (which the reports referred to as ‘miss rate neglect’) in the context of legal judgements ( Dahlman et al, 2016 ; Dahlman and Mackor, 2019 ). But to our knowledge, our study is the first to report the contribution of the above two factors and to report such conditional underweighting/overweighting.…”
Section: Discussionmentioning
confidence: 99%
“…Second, our results identify two additional contributing factors, namely the base rate-dependent neglect of false alarm rates, and the binary decision-dependent overweighting of the false-alarm rate. Previous studies have reported the neglect of false alarm rates (which the reports referred to as ‘miss rate neglect’) in the context of legal judgements ( Dahlman et al, 2016 ; Dahlman and Mackor, 2019 ). But to our knowledge, our study is the first to report the contribution of the above two factors and to report such conditional underweighting/overweighting.…”
Section: Discussionmentioning
confidence: 99%
“…This absence of an inhibitory link requirement allows researchers to evaluate individual theories. In addition, some have advocated to use IMEC analogous to models of probabilistic reasoning such as Bayesian networks (Dahlman & Mackor, 2019). In this case the principle of competition can also be useful to model "explaining 10 To acknowledge Gilbert Harman, who conceptualized inference to the best explanation, Thagard uses the word Harmany rather than the more common word harmony.…”
Section: Revising Tecmentioning
confidence: 99%
“…24 In response to that critique, defenders of explanation-based approaches have referred to epistemologists and philosophers of science who have done work on epistemic virtues such as simplicity, robustness and coherence, showing how these virtues can be truth-conducive (Thagard, 1978;McMullin, 1996;Douglas, 2009;Cabrera, 2017). These insights can also be applied in the context of criminal law (Mackor, 2017, Dahlman & Mackor, 2019. We will briefly return to this topic in Section 21.5.…”
Section: E Good Versus Probable Explanationsmentioning
confidence: 99%
“…We discuss their critique of probabilistic interpretation of the proof standard in Section 21.4. 9This section is an adaptation ofDahlman and Mackor (2019), section 2.2.…”
mentioning
confidence: 99%