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: 25 May 2019

The Assessment of Judicial Proof

The Assessment of Judicial Proof

Chapter:
18 The Assessment of Judicial Proof
Source:
The Probable and The Provable
Author(s):

L. Jonathan Cohen

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198244127.003.0019

This chapter provides the assessment of judicial proof. It is shown that the concept of inductive probability, as derived from the concept of inductive support for covering generalizations, plays an important part in human reasoning. The inferences about the behaviour of others normally rest on the large stock of rough generalizations about human behaviour that is carried in their heads. So it is possible to construe proof beyond reasonable doubt as proof at a maximum level of inductive probability. Proof of S on the preponderance of evidence may then be construed as proof at a higher grade of inductive probability than that at which not-S is proved; and other standards of proof are also intelligible in these terms. Contextual clues are normally available to determine whether a given statement of probability is to be evaluated in accordance with mathematical or with inductive criteria, though experimental psychologists have not always recognized this. In fact, experimental data confirm the thesis that normal intuitive judgements of probability are often inductive rather than mathematical.

Keywords:   judicial proof, inductive support, inductive probability, human reasoning, inferences, human behaviour

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 .