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Coherence and probability in legal evidence

Dahlman, Christian LU and Mackor, Anne Ruth (2019) In Law, Probability and Risk 18(4). p.275-294
Abstract
The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductionism) that coherence can be translated into probability without loss. Dahlman therefore concludes that the probabilistic vocabulary is superior to the coherence vocabulary, since it is more precise. Mackor is more agnostic in her... (More)
The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductionism) that coherence can be translated into probability without loss. Dahlman therefore concludes that the probabilistic vocabulary is superior to the coherence vocabulary, since it is more precise. Mackor is more agnostic in her conclusions about reductionism. In Mackor's view, the findings of their joint investigation do not imply that the probabilistic approach is superior to the coherentist approach. (Less)
Abstract (Swedish)
The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductionism) that coherence can be translated into probability without loss. Dahlman therefore concludes that the probabilistic vocabulary is superior to the coherence vocabulary, since it is more precise. Mackor is more agnostic in her... (More)
The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductionism) that coherence can be translated into probability without loss. Dahlman therefore concludes that the probabilistic vocabulary is superior to the coherence vocabulary, since it is more precise. Mackor is more agnostic in her conclusions about reductionism. In Mackor's view, the findings of their joint investigation do not imply that the probabilistic approach is superior to the coherentist approach. (Less)
Please use this url to cite or link to this publication:
author
and
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Procedural law, Processrätt
in
Law, Probability and Risk
volume
18
issue
4
pages
275 - 294
publisher
Oxford University Press
external identifiers
  • scopus:85084266147
ISSN
1470-8396
DOI
10.1093/lpr/mgz016
language
English
LU publication?
yes
id
ed82cd8b-48f2-4fc6-a3cf-8a6c5efcd8f2
date added to LUP
2020-02-03 10:41:24
date last changed
2022-09-12 11:44:07
@article{ed82cd8b-48f2-4fc6-a3cf-8a6c5efcd8f2,
  abstract     = {{The authors investigate to what extent an evaluation of legal evidence in terms of coherence (suggested by Thagard, Amaya, Van Koppen and others) is reconcilable with a probabilistic (Bayesian) approach to legal evidence. The article is written by one author (Dahlman) with a background in the bayesian approach to legal evidence, and one author (Mackor) with a background in scenario theory. The authors find common ground but partly diverge in their conclusions. Their findings give support to the claim (reductionism) that coherence can be translated into probability without loss. Dahlman therefore concludes that the probabilistic vocabulary is superior to the coherence vocabulary, since it is more precise. Mackor is more agnostic in her conclusions about reductionism. In Mackor's view, the findings of their joint investigation do not imply that the probabilistic approach is superior to the coherentist approach.}},
  author       = {{Dahlman, Christian and Mackor, Anne Ruth}},
  issn         = {{1470-8396}},
  keywords     = {{Procedural law; Processrätt}},
  language     = {{eng}},
  number       = {{4}},
  pages        = {{275--294}},
  publisher    = {{Oxford University Press}},
  series       = {{Law, Probability and Risk}},
  title        = {{Coherence and probability in legal evidence}},
  url          = {{https://lup.lub.lu.se/search/files/75903137/Coherence_and_probability_in_legal_evidence.pdf}},
  doi          = {{10.1093/lpr/mgz016}},
  volume       = {{18}},
  year         = {{2019}},
}