Confirmation of Standards of Proof through Bayes Theorem
- 1 January 2020
- journal article
- research article
- Published by Wissenschaftliche Verlagsgesellschaft mbH in Archiv Für Rechts- Und Sozialphilosophie
- Vol. 106 (4), 532-553
- https://doi.org/10.25162/arsp-2020-0026
Abstract
Legal reasoning on the requirements and application of law has been studied for centuries, but in this subject area the legal profession maintains predominantly the same stance it did in the time of the Ancient Greeks. There is a gap between the standards of proof, one which has been always demonstrated by percentages and in terms of the evaluation of these standards by percentages by mathematical or statistical methods. One method to fill the gap is Bayes theorem that describes an event’s probability based on conditions that might (or might not) be related to an event. Bayes theorem can help to establish or confirm a relation between facts and rules if there is sufficient other evidence (frequency of characteristics) that connect a party in a procedure with a considered legal action.Keywords
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