Picinali, Federico 
ORCID: 0000-0001-5085-9700
(2012)
Structuring inferential reasoning in criminal fact finding: an analogical theory.
Law, Probability and Risk, 11 (2-3).
pp. 197-223.
ISSN 1470-8396
Abstract
The article proposes a normative theory of inferential reasoning for criminal fact finding, centred on the concept of ‘analogy’. While evidence law scholars have devoted little attention to the topic, the article maintains that analogy deserves more consideration. In particular, it argues that an analogical theory of inferential reasoning has three main advantages. First, the theory makes it possible to incorporate within a single coherent framework the important insights of different approaches to ‘reasoning under uncertainty’; indeed, it welcomes both the Pascalian notion of ‘relevance’ based on the Bayesian likelihood ratio and the Baconian concept of ‘weight’. Secondly, it helps advance the conventional understanding of the reference class problem, an evidential conundrum widely discussed in the recent legal scholarship. Finally, the theory allows for a functional taxonomy of reasonable doubts.
| Item Type: | Article |
|---|---|
| Official URL: | http://lpr.oxfordjournals.org/ |
| Additional Information: | © 2012 Oxford University Press |
| Divisions: | Law |
| Subjects: | K Law > K Law (General) |
| Date Deposited: | 06 Feb 2013 13:57 |
| Last Modified: | 04 Oct 2024 10:45 |
| URI: | http://eprints.lse.ac.uk/id/eprint/46059 |
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