Thursday, January 10, 2019
Richard W. Wright (Chicago-Kent College of Law - Illinois Institute of Technology) has posted Haack on Legal Proof (La Pruebra Legal Segun Haack) (68 Estudios Filosoficos 517-528 (2018)) on SSRN. Here is the abstract:
In this paper, I discuss and agree with Susan Haack’s illuminating discussion and constructive critique of the current confusion regarding required evidence and the related standards of proof in the law, focusing especially on mathematical probability rather than warranted belief interpretations of those standards. However, I question Haack’s claim that statistical evidence is relevant not only for establishing the existence of a causal process but also, although usually insufficient by itself, for proving actual causation in a specific case.