The logic of uncertainty in law and life. (29th October 2020)

• Record Type: Journal Article
• Authors: Clermont, Kevin M
• Is Part Of: Law, probability & risk. Volume 19:Number 2(2020)
• Page Start: 181
• Page End: 206
• Publication Date: 2020-10-29
• Subjects: logic -- fact-finding -- evidence -- proof; Proximate cause (Law) -- Periodicals; Risk -- Periodicals; Law -- Mathematical models -- Periodicals; Law -- Methodology -- Periodicals; Probabilities -- Periodicals; Risk assessment -- Periodicals; Law -- Mathematical models; Law -- Methodology; Probabilities; Proximate cause (Law); Risk; Risk assessment; Periodicals; 340.1
• DOI: 10.1093/lpr/mgaa012
• Languages: English
• ISSNs: 1470-8396

Abstract

Abstract: My central interest is decision making in the presence of epistemic uncertainty. A method appropriate for both specialized inquiries and everyday reasoning is based on credal logic, which employs multivalent degrees of belief rather than traditional probability theory. It accounts for epistemic uncertainty as unallocated belief. It holds that, when facing real uncertainty, if a person believes a and believes b, then the person believes a and b together. This brand of multivalent logic underlies and justifies how legal decision makers and the rest of us find facts in a world infused with epistemic uncertainty. Indeed, this article closes by showing the equivalence of multivalent logic and inference to the best explanation. By demonstrating this similarity in reasoning, I aim to shore up our faith in the logic of traditional legal reasoning.