Location
University of Windsor
Document Type
Restricted Access
Start Date
3-6-2009 9:00 AM
End Date
6-6-2009 5:00 PM
Abstract
This paper focuses on the role played by the so-called fallacy of conditional transposition. It is really any of several fallacies of statistical reasoning often found in legal arguments. The paper illustrates the difficulties that context-dependence poses for overcoming the fallacy. To avoid fallacious reasoning about probabilities in criminal trials it is necessary to introduce an argument-operational approach; and a dialectic trial phase with conjectural argumentation is needed to reach a judgment beyond any reasonable doubt.
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Response to Submission
Brian Macpherson, Commentary on Novani
Reader's Reactions
Brian Macpherson, Commentary on Novani (June 2009)
Included in
An Argument-Operational-Conjectural Approach in Criminal Trials
University of Windsor
This paper focuses on the role played by the so-called fallacy of conditional transposition. It is really any of several fallacies of statistical reasoning often found in legal arguments. The paper illustrates the difficulties that context-dependence poses for overcoming the fallacy. To avoid fallacious reasoning about probabilities in criminal trials it is necessary to introduce an argument-operational approach; and a dialectic trial phase with conjectural argumentation is needed to reach a judgment beyond any reasonable doubt.