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Legal Evidence and Knowledge

In Clayton Littlejohn & Maria Lasonen Aarnio (eds.), The Routledge Handbook of the Philosophy of Evidence (forthcoming)

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  1. Relevance and risk: How the relevant alternatives framework models the epistemology of risk.Georgi Gardiner - 2020 - Synthese 199 (1-2):481-511.
    The epistemology of risk examines how risks bear on epistemic properties. A common framework for examining the epistemology of risk holds that strength of evidential support is best modelled as numerical probability given the available evidence. In this essay I develop and motivate a rival ‘relevant alternatives’ framework for theorising about the epistemology of risk. I describe three loci for thinking about the epistemology of risk. The first locus concerns consequences of relying on a belief for action, where those consequences (...)
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  • Reconsidering the Rule of Consideration: Probabilistic Knowledge and Legal Proof.Tim Smartt - 2022 - Episteme 19 (2):303-318.
    In this paper, I provide an argument for rejecting Sarah Moss's recent account of legal proof. Moss's account is attractive in a number of ways. It provides a new version of a knowledge-based theory of legal proof that elegantly resolves a number of puzzles about mere statistical evidence in the law. Moreover, the account promises to have attractive implications for social and moral philosophy, in particular about the impermissibility of racial profiling and other harmful kinds of statistical generalisation. In this (...)
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