Haack on Legal Proof (La Pruebra Legal Segun Haack)
68 Estudios Filosoficos 517-528 (2018)
12 Pages Posted: 31 Dec 2018
Date Written: November 30, 2018
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.
Keywords: legal proof, epistemology, warranted belief, probability, statistics
Suggested Citation: Suggested Citation