Dissertation, Arizona State University (2021)

Authors
Abstract
For the past half-century, both jurisprudence and epistemology have been haunted by questions about why individual evidence (i.e., evidence which picks out a specific individual) can sufficiently justify a guilty or liable verdict while bare statistical evidence (i.e., statistical evidence which does not pick out a specific individual) does not sufficiently justify such a verdict. This thesis examines three popular justifications for such a disparity in verdicts – Judith Jarvis Thomson’s causal account, Enoch et al.’s sensitivity account, and Sarah Moss’ knowledge-first account, before critiquing each in turn. After such an analysis, the thesis then defends the claim that legal verdicts require the factfinder (e.g., the judge or jury) to have a justified de re belief (i.e., a belief about a specific object – namely the defendant), and that this doxastic requirement justifies the disparity in rulings, as it is epistemically insufficient to justify a de re belief based on bare statistical evidence alone. A brief account of how these beliefs are formed and spread is also given. After making such a distinction, the thesis then formalizes the burdens of proof of the preponderance of the evidence and beyond a reasonable doubt using the de re/de dicto distinction. Finally, the thesis pre-empts possible objections, namely by providing an account of DNA evidence as individual evidence and giving an account of how false convictions can occur on the de re view of legal proof.
Keywords evidence  legal proof  de re beliefs  burden of proof
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

Probabilistic Knowledge.Sarah Moss - 2018 - Oxford University Press.
Truth and Probability.Frank Ramsey - 1926 - In Antony Eagle (ed.), Philosophy of Probability: Contemporary Readings. Routledge. pp. 52-94.
Quantifiers and Propositional Attitudes.Willard van Orman Quine - 1956 - Journal of Philosophy 53 (5):177-187.
Evidence, Pragmatics, and Justification.Jeremy Fantl & Matthew McGrath - 2002 - Philosophical Review 111 (1):67-94.

View all 16 references / Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Legal proof and statistical conjunctions.Lewis D. Ross - 2020 - Philosophical Studies 178 (6):2021-2041.
Recent Work on the Proof Paradox.Lewis D. Ross - 2020 - Philosophy Compass 15 (6).
The Reasonable and the Relevant: Legal Standards of Proof.Georgi Gardiner - 2019 - Philosophy and Public Affairs 47 (3):288-318.
The “She Said, He Said” Paradox and the Proof Paradox.Georgi Gardiner - forthcoming - In Zachary Hoskins and Jon Robson (ed.), Truth and Trial.
Rehabilitating Statistical Evidence.Lewis Ross - 2021 - Philosophy and Phenomenological Research 102 (1):3-23.
Against the Alleged Insufficiency of Statistical Evidence.Sam Fox Krauss - 2020 - Florida State University Law Review 47:801-825.
Against Legal Probabilism.Martin Smith - 2021 - In Jon Robson & Zachary Hoskins (eds.), The Social Epistemology of Legal Trials. Routledge.

Analytics

Added to PP index
2021-04-29

Total views
45 ( #249,388 of 2,499,012 )

Recent downloads (6 months)
24 ( #36,192 of 2,499,012 )

How can I increase my downloads?

Downloads

My notes