# The Difficulty about Negation

# The Difficulty about Negation

This chapter investigates the difficulty about negation. Because of the principle that p_{M}[S] = I − p_{M}[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

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