Sensitivity, safety, and the law: A reply to pardo

David Enoch, Levi Spectre

Research output: Contribution to journalReview articlepeer-review

10 Scopus citations

Abstract

In a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety’s value here, and we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy.

Original languageAmerican English
Pages (from-to)178-199
Number of pages22
JournalLegal Theory
Volume25
Issue number3
DOIs
StatePublished - 2019

Bibliographical note

Publisher Copyright:
© Cambridge University Press 2019

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