{"title":"从理性到更理性的证明标准","authors":"Mirko Pečarič, Tatjana Kozjek","doi":"10.1504/IJPP.2016.10000524","DOIUrl":null,"url":null,"abstract":"Standards of proof and their application in law have been studied for centuries, but the legal profession still uses them primarily in relation to such indeterminate legal notions as common sense and intuition, while failing to develop new methods for a more objective assessment of these standards. This paper strives to cast a new light upon these standards by exploiting two methods developed in psychology and mathematics. Through the visual presentation of these two methods it becomes clear that every decision has four possible outcomes according to different cues and weights that could change in the face of new evidence. There is a difference between the intuitive use of standards of proof and their use in conjunction with the application of some developed mathematical or statistical methods. This gap could be filled with Bayes theorem that describes the probability of an event, based on conditions that might be (or might not be) related to that event.","PeriodicalId":35027,"journal":{"name":"International Journal of Public Policy","volume":"12 1","pages":"115-129"},"PeriodicalIF":0.0000,"publicationDate":"2016-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"From rational to more rational standards of proof\",\"authors\":\"Mirko Pečarič, Tatjana Kozjek\",\"doi\":\"10.1504/IJPP.2016.10000524\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Standards of proof and their application in law have been studied for centuries, but the legal profession still uses them primarily in relation to such indeterminate legal notions as common sense and intuition, while failing to develop new methods for a more objective assessment of these standards. This paper strives to cast a new light upon these standards by exploiting two methods developed in psychology and mathematics. Through the visual presentation of these two methods it becomes clear that every decision has four possible outcomes according to different cues and weights that could change in the face of new evidence. There is a difference between the intuitive use of standards of proof and their use in conjunction with the application of some developed mathematical or statistical methods. This gap could be filled with Bayes theorem that describes the probability of an event, based on conditions that might be (or might not be) related to that event.\",\"PeriodicalId\":35027,\"journal\":{\"name\":\"International Journal of Public Policy\",\"volume\":\"12 1\",\"pages\":\"115-129\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2016-10-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Public Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1504/IJPP.2016.10000524\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Public Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1504/IJPP.2016.10000524","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Standards of proof and their application in law have been studied for centuries, but the legal profession still uses them primarily in relation to such indeterminate legal notions as common sense and intuition, while failing to develop new methods for a more objective assessment of these standards. This paper strives to cast a new light upon these standards by exploiting two methods developed in psychology and mathematics. Through the visual presentation of these two methods it becomes clear that every decision has four possible outcomes according to different cues and weights that could change in the face of new evidence. There is a difference between the intuitive use of standards of proof and their use in conjunction with the application of some developed mathematical or statistical methods. This gap could be filled with Bayes theorem that describes the probability of an event, based on conditions that might be (or might not be) related to that event.
期刊介绍:
The IJPP proposes and fosters discussion on public policy issues facing nation states and national and supranational organisations, including governments, and how these diverse groups approach and solve common public policy problems. The emphasis will be on governance, accountability, the creation of wealth and wellbeing, and the implications policy choices have on nation states and their citizens. This perspective acknowledges that public policy choice and execution is complex and has ramifications on the welfare of citizens; and that, despite national differences, the actions of nation states are constrained by policies determined by supranational bodies, some of which are not directly accountable to any international body.