Just probabilities

Abstract

AbstractI defend the thesis that legal standards of proof are reducible to thresholds of probability. Many reject this thesis because it appears to permit finding defendants liable solely on the basis of statistical evidence. To the contrary, I argue – by combining Thomson's (1986) causal analysis of legal evidence with formal methods of causal inference – that legal standards of proof can be reduced to probabilities, but that deriving these probabilities involves more than just statistics.