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Standards of Proof and the Limits of Legal Analysis

Authors: Ronald J. Allen;

Standards of Proof and the Limits of Legal Analysis

Abstract

This article was prepared for a conference in Girona, Spain, on Standards of Proof and Scientific Evidence. The article demonstrates, first, the analytical power under certain limiting assumptions of treating burdens of persuasion as conventional probability measures. It then demonstrates the remarkable inadequacy of that conceptualization once the limiting assumptions are relaxed as empirical descriptions of the relevant phenomena, and further that this inadequacy suggests that the analytical tools being employed misconceive rather than enlighten the object of inquiry. Alternative ways of analyzing the objects of inquiry are briefly proposed and discussed.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
2
Average
Average
Average
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