Friday, September 28, 2012
Ronald J. Allen (Northwestern University Law School) has posted Burdens of Proof (Evidence Science, Forthcoming) on SSRN. Here is the abstract:
The conceptual foundations of burdens of proof are examined, and the unified theory of evidentiary devices derivable from those foundations is explicated. Both the conceptual foundations and the unified theory generated are shown to rest on questionable assumptions about conventional probability theory. The resulting analytical difficulties are analyzed. Inference to the best explanation and the relative plausibility theory are examined as potentially providing the foundation to a superior conceptualization of the burden of proof.