Statistical Evidence, Sensitivity, and the Legal Value of Knowledge

Philosophy and Public Affairs 40 (2012), 197-224.

28 Pages Posted: 17 May 2015

See all articles by David Enoch

David Enoch

Hebrew University - The Philosophy Department and the Law School

Levi Spectre

Open University of Israel

Talia Fisher

Tel Aviv University - Buchmann Faculty of Law; Harvard Law School; Harvard University - Edmond J. Safra Center for Ethics

Date Written: May 16, 2015

Abstract

The law views with suspicion even highly reliable statistical evidence, but it has proved remarkably hard either to justify this suspicion, or to debunk it.

In this paper, we connect the discussion of statistical evidence to broader epistemological discussions of similar phenomena. We highlight the epistemic requirement known as Sensitivity as a way of epistemically explaining the legal suspicion towards statistical evidence.

But knowledge – and Sensitivity, and indeed epistemology in general – are of little, if any, legal value, we argue. So instead of relying on the epistemic story, we tell an incentive-based story vindicating the suspicion towards statistical evidence. And we show that the epistemological story and the incentive-based story are closely and interestingly related.

Keywords: Evidence, statistical evidence, legal theory, epistemology, sensitivity

Suggested Citation

Enoch, David and Spectre, Levi and Fisher, Talia, Statistical Evidence, Sensitivity, and the Legal Value of Knowledge (May 16, 2015). Philosophy and Public Affairs 40 (2012), 197-224., Available at SSRN: https://ssrn.com/abstract=2606994

David Enoch (Contact Author)

Hebrew University - The Philosophy Department and the Law School ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Levi Spectre

Open University of Israel ( email )

1 University Road
Tel-Aviv, 61392
Israel

Talia Fisher

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

Harvard University - Edmond J. Safra Center for Ethics ( email )

124 Mount Auburn Street
Suite 520N
Cambridge, MA 02138
United States

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