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Burdens and standards of proof for inference to the best explanation: three case studies (2012)

Bex, F., Walton, D.

Oxford University Press

In: Law, Probability and Risk

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Publication Date: 2012-09-07

Description: In this article, we provide a formal logical model of evidential reasoning with proof standards and burdens of proof, which enables us to evaluate evidential reasoning by comparing stories on either side of a case. It is based on a hybrid inference model that combines argumentation and explanation, using inference to the best explanation as the central form of argument. The model is applied to one civil case and two criminal cases. It is shown to have some striking implications for modelling and using traditional proof standards like preponderance of the evidence and beyond reasonable doubt.

Print ISSN: 1470-8396

Electronic ISSN: 1470-840X

Topics: Mathematics , Law

Published by Oxford University Press

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