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Burdens of ProofRonald J. AllenNorthwestern University Law School July 30, 2012 Evidence Science, Forthcoming Northwestern Law & Econ Research Paper 12-17 Northwestern Public Law Research Paper 12-25 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.
Number of Pages in PDF File: 49 Keywords: evidence, epsteimology, burdens of proof, persuasion, production, trials, probability theory, inference to the best explanation, relative plausibility Accepted Paper SeriesDate posted: September 14, 2012 ; Last revised: September 27, 2012Suggested CitationContact Information
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