PHIL 338 - Epistemology & the Law (Handout 7)

Burden of Proof

The duty to establish a given claim in legal contexts.

Standard of Proof

The threshold a claim must meet for it to be judged established by the deciding authority.

Legal Probabilism

The concept that legal decisions should be understood probabilistically, based on the likelihood of a claim’s truth.

Proof Paradox

An apparent tension between the necessity for final decisions in legal contexts and the reliance on statistical evidence.

More Probable Than Not

A standard of proof in a tort suit requiring the plaintiff to establish a probability greater than 0.5 that the defendant caused harm.

JTB Analysis of Knowledge

A theory stating that a person S knows that p if and only if S believes that p, p is true, and S's belief is justified.

Gettier Cases

Scenarios where a belief meets the criteria of JTB but does not count as knowledge due to being based on luck.

Safety Condition on Knowledge

The principle that a belief is knowledge only if it could not easily have been wrong.

Relevant Alternatives Condition on Knowledge

A claim stating that knowledge requires the ability to rule out relevant not-p alternatives.

Epistemic Luck

A situation where a belief is true by chance rather than because of a justified process governing the belief.

What is the difference between Burden of Proof and Standard of Proof in legal contexts?

Burden of Proof is the duty to establish a given claim, while Standard of Proof is the threshold that a claim must meet to be judged as established.

What does Burden of Proof entail in a criminal case?

In a criminal case, the prosecution has the duty to prove the defendant’s guilt, whereas the defense does not have the duty to prove that the defendant is not guilty.

What is the 'Proof Paradox'?

The Proof Paradox reveals a tension between judges and juries making final decisions about matters of fact, understanding those decisions probabilistically, and not relying solely on merely statistical evidence.

How does the 'Proof Paradox' manifest differently in tort law compared to criminal law?

In tort law, a lower standard of proof like 'more probable than not' may lead to discomfort in imposing liability, while in criminal law, a higher standard like 'beyond a reasonable doubt' raises questions about statistical evidence.

What are some responses to the Gettier problem in relation to JTB analysis?

1. Revise justification.

2. Extend JTB with additional conditions.

3. Replace justification with something else.

4. Deny analysis of knowledge.

What is the Safety Condition on Knowledge?

S knows that p only if S’s belief that p could not easily have been wrong.

What is the Relevant Alternatives Condition on Knowledge?

'S knows that p' is true only if S can rule out the set of relevant not-p alternatives.

Why is it problematic to rely solely on purely statistical evidence according to Thomson?

Statistical evidence often does not rule out all relevant alternatives, leading to decisions based on luck rather than solid evidence.