刊物主题:Logic; Communication Studies; Theories of Law, Philosophy of Law, Legal History; Political Communication;
出版者:Springer Netherlands
ISSN:1572-8374
卷排序:31
文摘
Arguments on legal evidence rely on generalizations, that link a certain circumstance to a certain hypothesis and warrants the claim that the circumstance makes the hypothesis more probable. Some generalizations are acceptable and others are unacceptable. A generalization can be unacceptable on at least four different grounds. A false generalization is unacceptable because membership in the reference class does not increase the probability of the hypothesis. A non-robust generalization is unacceptable because it uses a reference class that is too heterogeneous. A biastriggering generalization is unacceptable because decision makers are inclined to overestimate the evidentiary value of membership in the reference class. A discriminating generalization is unacceptable because it puts members in the reference class in an unfair disadvantage. Research funded by the Swedish Research Council (Vetenskapsrådet).