Bayesianism: Objections and Rebuttals
While the laws of probability are rarely disputed, the question of how we should interpret probability judgments is less straightforward. Broadly, there are two ways to conceive of probability—either as an objective feature of the world, or as a subjective measure of our uncertainty. Both notions have their place in science, but it is the latter subjective notion (the Bayesian approach) that is crucial in legal reasoning. This chapter explains the advantages of using Bayesian networks in adjudicative factfinding. It addresses a number of common objections to the Bayesian approach, such as “There is no such thing as a probability of a single specified event”; “The Bayesian approach only works with statistical evidence”; “The Bayesian approach is too difficult for legal factfinders to comprehend”; and “A Bayesian network can never capture the full complexity of a legal case.” Fenton and Lagnado offer rebuttals to each of these objections.