Burdens of Proof
Ronald J. Allen
Northwestern University Law School
June 10, 2013
Journal of Law, Probability and Risk, Forthcoming
Northwestern Law & Econ Research Paper 12-17
Northwestern Public Law Research Paper 12-25
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.
Number of Pages in PDF File: 47
Keywords: evidence, epsteimology, burdens of proof, persuasion, production, trials, probability theory, inference to the best explanation, relative plausibility
Date posted: September 14, 2012 ; Last revised: April 29, 2014
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