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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Creative Commons Attribution 4.0 License
This work is licensed under a Creative Commons Attribution 4.0 License.

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Brian Macpherson, Commentary on Novani

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Brian Macpherson, Commentary on Novani (June 2009)

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Jun 3rd, 9:00 AM Jun 6th, 5:00 PM

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.