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9 - Error and Legal Epistemology

Published online by Cambridge University Press:  29 January 2010

Deborah G. Mayo
Affiliation:
Virginia Polytechnic Institute and State University
Aris Spanos
Affiliation:
Virginia Polytechnic Institute and State University
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Summary

Introduction

In any sophisticated system of inquiry, we expect to find several features intimately tied to questions of error and error avoidance. Above all, we want a system (1) that produces relatively few erroneous beliefs (without resort to the skeptical gimmick of avoiding error by refusing to believe anything) and (2) that, when it does make mistakes, commits errors that tend to be of the less egregious kind than of the more egregious kind (supposing that we can identify some error types as more serious than others). Finally, (3) we want to have mechanisms in place with the capacity to eventually identify the errors that we have made and to tell us how to correct for them. In short, we want to be able to reduce errors, to distribute those errors that do occur according to our preferences, and to have a self-correction device for identifying and revising our erroneous beliefs. This is, of course, an unabashedly Peircean view of the nature of inquiry, although one need not be (as I confess to being) a card-carrying pragmatist to find it congenial.

Most of the papers in this volume deal with the problem of error as it arises in the context of scientific research. That approach is fair enough because most of us are philosophers of science.

Type
Chapter
Information
Error and Inference
Recent Exchanges on Experimental Reasoning, Reliability, and the Objectivity and Rationality of Science
, pp. 376 - 410
Publisher: Cambridge University Press
Print publication year: 2009

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References

Bell, R. (1987), “Decision Theory and Due Process,” Journal of Criminal Law & Criminology, 78: 557.CrossRefGoogle Scholar
DeKay, M. (1996), “The Difference between Blackstone-Like Error Ratios and Probabilistic Standards of Proof,” Law and Social Inquiry, 21: 95.CrossRefGoogle Scholar
Jeffries, J. and Stephan, P. (1979), “Defenses, Presumptions and Burden of Proof in the Criminal Law,” Yale Law Journal, 88: 1325.CrossRefGoogle Scholar
Kalven, H. and Zeisel, H. (1966), The American Jury, Little, Brown & Co., Boston, MA.Google Scholar
Laudan, L. (2005), “The Presumption of Innocence: Material or Probatory?Legal Theory, 11: 333–61.CrossRefGoogle Scholar
Lillquist, E. (2002), “Recasting Reasonable Doubt: Decision Theory and the Virtues of Variability,” UC Davis Law Review, 36: 85.Google Scholar
Laudan, L. (2006), Truth, Error and Criminal Law: An Essay in Legal Epistemology, Cambridge University Press, Cambridge.CrossRefGoogle Scholar
Mayo, D.G. (1996), Error and the Growth of Experimental Knowledge, University of Chicago Press, Chicago.CrossRefGoogle Scholar
Mayo, D.G., and Hollander, R., (eds.) (1991), Acceptable Evidence: Science and Values in Risk Management, Oxford University Press, New York.
Bell, R. (1987), “Decision Theory and Due Process,” Journal of Criminal Law & Criminology, 78: 557.CrossRefGoogle Scholar
DeKay, M. (1996), “The Difference between Blackstone-Like Error Ratios and Probabilistic Standards of Proof,” Law and Social Inquiry, 21: 95.CrossRefGoogle Scholar
Jeffries, J. and Stephan, P. (1979), “Defenses, Presumptions and Burden of Proof in the Criminal Law,” Yale Law Journal, 88: 1325.CrossRefGoogle Scholar
Kalven, H. and Zeisel, H. (1966), The American Jury, Little, Brown & Co., Boston, MA.Google Scholar
Laudan, L. (2005), “The Presumption of Innocence: Material or Probatory?Legal Theory, 11: 333–61.CrossRefGoogle Scholar
Lillquist, E. (2002), “Recasting Reasonable Doubt: Decision Theory and the Virtues of Variability,” UC Davis Law Review, 36: 85.Google Scholar

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