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Legal Probabilism: A Qualified Defence
Author(s) -
Hedden Brian,
Colyvan Mark
Publication year - 2019
Publication title -
journal of political philosophy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.938
H-Index - 66
eISSN - 1467-9760
pISSN - 0963-8016
DOI - 10.1111/jopp.12180
Subject(s) - citation , miami , library science , politics , political philosophy , sociology , law , computer science , political science , environmental science , soil science
In this paper we defend legal probabilism. This is the thesis that legal standards of proof are best understood in probabilistic terms. In defending legal probabilism from a variety of objections, we highlight the most plausible forms the thesis can take and appeal to recent work in epistemology to show that the legal probabilist has more flexibility and more resources at her disposal than critics have recognised.