Jump to ContentJump to Main Navigation
The Probable and The Provable$
Users without a subscription are not able to see the full content.

L. Jonathan Cohen

Print publication date: 1977

Print ISBN-13: 9780198244127

Published to Oxford Scholarship Online: October 2011

DOI: 10.1093/acprof:oso/9780198244127.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 26 April 2019

The Difficulty about Negation

The Difficulty about Negation

(p.74) 7 The Difficulty about Negation
The Probable and The Provable

L. Jonathan Cohen

Oxford University Press

This chapter investigates the difficulty about negation. Because of the principle that pM[S] = I − pM[not-S], the mathematicist analysis implies that in civil cases the Anglo-American system is officially prepared to tolerate a quite substantial mathematical probability that a losing defendant deserved to succeed. There is a limit to the extent that this difficulty can be avoided by supposing a higher threshold for the balance of probability. Nor are the proper amounts of damages held to be proportional to the strength of a winning plaintiff's proof. If there were a legal rule excluding statistical evidence in relation to voluntary acts much of the paradox here would disappear. But it would be unnecessary to suppose such a rule if the outcome of civil litigation could be construed as a victory for case-strength rather than as the division of a determinate quantity of case-merit.

Keywords:   negation, mathematicist analysis, Anglo-American system, mathematical probability, plaintiff, proof

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .