Many who think that naked statistical evidence alone is inadequate for a trial verdict think that use of probability is the problem, and something other than probability – knowledge, full belief, causal relations – is the solution. I argue that the issue of whether naked statistical evidence is weak can be formulated within the probabilistic idiom, as the question whether likelihoods or only posterior probabilities should be taken into account in our judgment of a case. This question also (...) identifies a major difference between the Process Reliabilist and Probabilistic Tracking views of knowledge and other concepts. Though both are externalist, and probabilistic, epistemic theories, Tracking does and Process Reliabilism does not put conditions on likelihoods. So Tracking implies that a naked statistic is not adequate evidence about an individual, and does not yield knowledge, whereas the Reliabilist thinks it gives justified belief and knowledge. Not only does the Tracking view imply that naked statistical evidence is insufficient for a verdict, but it gives us resources to explain why, in terms of risk and the special conditions of a trial. (shrink)

Patient preference predictors (PPPs) promise to provide medical professionals with a new solution to the problem of making treatment decisions on behalf of incapacitated patients. I show that the use of PPPs faces a version of a normative problem familiar from legal scholarship: the problem of naked statistical evidence. I sketch two sorts of possible reply, vindicating and debunking, and suggest that our reply to the problem in the one domain ought to mirror our reply in the other. The (...) conclusion is thus conditional: if we think the problem of naked statistical evidence is a serious problem in the legal domain, then we should be concerned about the symmetrical problem for PPPs. (shrink)

Do privacy rights restrict what is permissible to infer about others based on statistical evidence? This paper replies affirmatively by defending the following symmetry: there is not necessarily a morally relevant difference between directly appropriating people’s private information—say, by using an X-ray device on their private safes—and using predictive technologies to infer the same content, at least in cases where the evidence has a roughly similar probative value. This conclusion is of theoretical interest because a comprehensive justification of the thought (...) that statistical inferences can violate privacy rights is lacking in the current literature. Secondly, the conclusion is of practical interest due to the need for moral assessment of emerging predictive algorithms. (shrink)

In the debate about the legal value of naked statistical evidence, Di Bello argues that (1) the likelihood ratio of such evidence is unknown, (2) the decision-theoretic considerations indicate that a conviction based on such evidence is unacceptable when expected utility maximization is combined with fairness constraints, and (3) the risk of mistaken conviction based on such evidence cannot be evaluated and is potentially too high. We argue that Di Bello’s argument for (1) works in a rather narrow context, (...) and that (1) is not exactly in line with the way expert witnesses are required to formulate their opinions. Consequently, Di Bello’s argument for (2), which assumes (1), does not apply uniformly to all convictions based on naked evidence. Moreover, if Di Bello’s analysis is correct, it applies also to eyewitness testimony, given empirical results about its quality, and so the distinctions drawn by DiBello cut across the distinction between naked statistical evidence and other types of evidence. Finally, if we weaken the rather strong requirement of precise measurability of the risk of mistaken conviction, to the availability of reasonable but imprecise and fallible estimates, many field and empirical studies show that often the risk of mistaken conviction based on naked statistical evidence can be estimated to a similar extent as the risk of mistaken conviction based on any other sort of evidence. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to (...) the contrary rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

Like many, I find the idea of relying on patient preference predictors in life-or-death cases ethically troubling. As part of his stimulating discussion, Sharadin1 diagnoses such unease as a worry that using PPPs disrespects patients’ autonomy, by treating their most intimate and significant desires as if they were caused by their demographic traits. I agree entirely with Sharadin’s ‘debunking’ response to this concern: we can use statistical correlations to predict others’ preferences without thereby assuming any causal claim. However, I suspect (...) that, for at least some of us, our unease about PPPs stems from a different kind of ‘autonomy’ concern. In this commentary, then, I will explore this concern, and show how it relates to Sharadin’s work. Very many of our preferences are caused, ultimately, by facts which are outside our control, such as our demographic features. However, I suggest that we can still act autonomously on the basis of such preferences, when they are preferences which we endorse. Imagine, for example, that Jane has grown up in a church-growing environment, which has shaped many of her preferences, …. (shrink)

A correction to this paper has been published: https://doi.org/10.1007/s11098-021-01640-1.

It has recently been argued that some cases of naked statistical evidence license a high credence, but not an outright belief. If this is correct, there cannot be an unconditional bridge principle from credence to outright belief. We show that at least one prominent putative counterexample to such a bridge principle is based on a mistake, by demonstrating that the statistical evidence falls short not only of licensing rational belief, but also of justifying a high credence.

Actionism, Performance and Body Art have produced forms that still provoke in their radicalism and brutality and raise many questions. Regardless of the theme—love, violence, gender, death, sexuality, killing of animals, ritual practices and myths, ecology, criticism of the ideology and so on—they are almost always characterized by an explicit and demonstrative exposure of flesh. The topic of my research is the body as a medium of the human act. Does the body elicit different “corporations of the mind” or does (...) it draw attention to its own complex naked presence and extensionality in every elementary social interaction? Is the body unquantifiable—imponderabilia, unpredictable, and is it spinning out of the generated statistics of the system research? (shrink)

I explore how rational belief and rational credence relate to evidence. I begin by looking at three cases where rational belief and credence seem to respond differently to evidence: cases of naked statistical evidence, lotteries, and hedged assertions. I consider an explanation for these cases, namely, that one ought not form beliefs on the basis of statistical evidence alone, and raise worries for this view. Then, I suggest another view that explains how belief and credence relate to evidence. My (...) view focuses on the possibilities that the evidence makes salient. I argue that this makes better sense of the difference between rational credence and rational belief than other accounts. (shrink)

Smith argues that, unlike other forms of evidence, naked statistical evidence fails to satisfy normic support. This is his solution to the puzzles of statistical evidence in legal proof. This paper focuses on Smith’s claim that DNA evidence in cold-hit cases does not satisfy normic support. I argue that if this claim is correct, virtually no other form of evidence used at trial can satisfy normic support. This is troublesome. I discuss a few ways in which Smith can respond.

Abstract: When do we meet the standard of proof in a criminal trial? Some have argued that it is when the guilt of the defendant is sufficiently probable on the evidence. Some have argued that it is a matter of normic support. While the first view provides us with a nice account of how we ought to manage risk, the second explains why we shouldn’t convict on the basis of naked statistical evidence alone. Unfortunately, this second view doesn’t help (...) us understand how we should manage risk (e.g., the risk of violating rights against wrongful conviction) and faces counterexamples of its own. I shall defend an alternative approach that builds on the strengths of these two accounts. On the approach defending here, it is objectively suitable to punish iff we know a defendant to be guilty. To determine what is consistent with procedural justice and to determine what we prospectively ought to do, we need to think about the risks we face of deviating from this objective ideal. (shrink)

Various real and imagined criminal law cases rest on “naked statistical evidence”. That is, they rest more or less entirely on a probability for guilt/liability derived from a single statistical model. The intuition is that there is something missing in these cases, high as the probability for guilt/liability may be, such that the relevant standard for legal proof is not met. Here we contribute to the considerable debate about how this intuition is best explained and what it teaches us (...) about evidential reasoning in the legal setting. We part ways with the recent scholarship, however. Unlike most others, our diagnosis is not that there is an important qualitative property that some evidence or bodies of evidence have, and that naked statistical evidence, most strikingly, lacks. Rather, we see cases resting on naked statistical evidence as lying at the extreme of a continuum of cases that are vulnerable to challenge due to “meta-uncertainty” about the underlying model. (shrink)

When a patient lacks sufficient capacity to make a certain treatment decision, whether because of deficits in their ability to make a judgement that reflects their values or to make a decision that reflects their judgement or both, the decision must be made by a surrogate. Often the best way to respect the patient’s autonomy, in such cases, is for the surrogate to make a ‘substituted’ judgement on behalf of the patient, which is the decision that best reflects the patient’s (...) values and identity-infused beliefs as they were when the patient last possessed capacity. It is by now well-known that there is troubling evidence that surrogates do only slightly better than chance at making accurate substituted judgements. The use of a patient preference predictor, an algorithm that predicts patient preferences based on characteristics like the patient’s age, gender, socioeconomic status and education level, could help. Rid and Wendler have done important work making a moral case for using the PPP.1 If it were shown to enhance accuracy, it is not at all obvious what objections there could be to its use. Yet several subtle criticisms of the PPP have emerged in the literature. In their feature article, Jardas, Wasserman and Wendler select six of the most prominent objections to the PPP in the literature and defend the PPP against them.2 Along the way they make significant contributions to broader issues concerning the proper uses of statistical evidence and limits on the kinds of preferences there can be reasons of autonomy to respect. Since I found the authors’ answers to the final two objections—that the PPP relies on naked statistical evidence and that it uses non-endorsed reasons—to be especially interesting and provocative, I will examine those answers and raise a few questions about …. (shrink)

This paper makes the case for a wider acceptance of a probabilistic approach to causation in negligence. This acceptance would help to remove much of the incoherence which has come to afflict the English law of personal injury law. This incoherence can also be found in other common law jurisdictions (notably those of the United States, Canada and Australia). Concentrating upon recent UK case law, the argument opposes the contention that ‘naked statistics’ can play no role in establishing causation. (...) The argument is controversial but it can be reduced to three unremarkable grounds: (1) With its acceptance (albeit in certain carefully prescribed circumstances) of liability for a negligently increased risk which has eventuated, the common law has already embraced a probabilistic conception of causation; (2) The English common law already employs a probabilistic (frequentist) approach to identifying coincidences; and (3) With the ‘balance of probabilities’ as the standard of proof in civil cases, the common law has long had a probabilistic (epistemic) concept at its core. Probabilistic approaches (at both the type and token level) are shown to be consistent with laypersons’ understanding of the concepts such as risk, chance, odds and likelihood. Moreover, a wider acceptance of a probabilistic perspective on causation would entail no major challenge to the fundamental aims of tort, viz. deterrence and corrective justice. (shrink)

The standard of proof applied in civil trials is the preponderance of evidence, often said to be met when a proposition is shown to be more than 50% likely to be true. A number of theorists have argued that this 50%+ standard is too weak – there are circumstances in which a court should find that the defendant is not liable, even though the evidence presented makes it more than 50% likely that the plaintiff’s claim is true. In this paper, (...) I will recapitulate the familiar arguments for this thesis, before defending a more radical one: The 50%+ standard is also too strong – there are circumstances in which a court should find that a defendant is liable, even though the evidence presented makes it less than 50% likely that the plaintiff’s claim is true. I will argue that the latter thesis follows naturally from the former once we accept that the parties in a civil trial are to be treated equally. I will conclude by sketching an alternative interpretation of the civil standard of proof. (shrink)

The exponential growth of social data both in volume and complexity has increasingly exposed many of the shortcomings of the conventional frequentist approach to statistics. The scientific community has called for careful usage of the approach and its inference. Meanwhile, the alternative method, Bayesian statistics, still faces considerable barriers toward a more widespread application. The bayesvl R package is an open program, designed for implementing Bayesian modeling and analysis using the Stan language’s no-U-turn (NUTS) sampler. The package combines the ability (...) to construct Bayesian network models using directed acyclic graphs (DAGs), the Markov chain Monte Carlo (MCMC) simulation technique, and the graphic capability of the ggplot2 package. As a result, it can improve the user experience and intuitive understanding when constructing and analyzing Bayesian network models. A case example is offered to illustrate the usefulness of the package for Big Data analytics and cognitive computing. (shrink)

Classic analysis of the subject and the development of personal probability; one of the greatest controversies in modern statistcal thought.

After sketching the conflict between objectivists and subjectivists on the foundations of statistics, this paper discusses an issue facing statisticians of both schools, namely, model validation. Statistical models originate in the study of games of chance, and have been successfully applied in the physical and life sciences. However, there are basic problems in applying the models to social phenomena; some of the difficulties will be pointed out. Hooke's law will be contrasted with regression models for salary discrimination, the latter being (...) a fairly typical application in the social sciences. (shrink)

This paper examines the subversive role of statistics paleontology at the end of the 19th and the beginning of the 20th centuries. In particular, I will focus on German paleontology and its relationship with statistics. I argue that in paleontology, the quantitative method was questioned and strongly limited by the first decade of the 20th century because, as its opponents noted, when the fossil record is treated statistically, it was found to generate results openly in conflict with the Darwinian theory (...) of evolution. Essentially, statistics questions the gradual mode of evolution and the role of natural selection. The main objections to statistics were addressed during the meetings at the Kaiserlich-Königliche Geologische Reichsanstalt in Vienna in the 1880s. After having introduced the statistical treatment of the fossil record, I will use the works of Charles Léo Lesquereux, Joachim Barrande, and Henry Shaler Williams to compare the objections raised in Vienna with how the statistical treatment of the data worked in practice. Furthermore, I will discuss the criticisms of Melchior Neumayr, one of the leading German opponents of statistical paleontology, to show why, and to what extent, statistics were questioned in Vienna. The final part of this paper considers what paleontologists can derive from a statistical notion of data: the necessity of opening a discussion about the completeness and nature of the paleontological data. The Vienna discussion about which method paleontologists should follow offers an interesting case study in order to understand the epistemic tensions within paleontology surrounding Darwin’s theory as well as the variety of non-Darwinian alternatives that emerged from the statistical treatment of the fossil record at the end of the 19th century. (shrink)

We start with the ambition -- dating back to the early days of the semantic web -- of assembling a significant portion human knowledge into a contradiction-free form using semantic web technology. We argue that this would not be desirable, because there are concepts, known as essentially contested concepts, whose definitions are contentious due to deep-seated ethical disagreements. Further, we argue that the ninetenth century hermeneutical tradition has a great deal to say, both about the ambition, and about why it (...) fails. We conclude with some remarks about statistics. (shrink)

At a very fundamental level an individual (or a computer) can process only a finite amount of information in a finite time. We can therefore model the possibilities facing such an observer by a tree with only finitely many arcs leaving each node. There is a natural field of events associated with this tree, and we show that any finitely additive probability measure on this field will also be countably additive. Hence when considering the foundations of Bayesian statistics we may (...) as well assume countable additivity over a σ-field of events. (shrink)

ABSTRACT. Probability and statistics play an important role in contemporary -philosophy of causality. They are viewed as glasses through which we can see or detect causal relations. However, they may sometimes act as blinding glasses, as I will argue in this paper. In the 19th century, Francis Galton tried to statistically analyze hereditary phenomena. Although he was a far better statistician than Gregor Mendel, his biological theory turned out to be less fruitful. This was no sheer accident. His knowledge of (...) statistics generated two explananda (unknown to Mendel) which in turn generated constraints for any theory of heredity. These constraints misguided Galtons search for the causal mechanism of inheritance. This is not just. an interesting case for philosophers and historians of ·science. Notwithstanding the progress made by statitics, Galtons problem is still relevant today. In the final section, I briefly explore the implications for statistical techniques such as structural equation modelling. (shrink)

As part of a book symposium on Erwin Dekker's Jan Tinbergen (1903–1994) and the Rise of Economic Expertise (2021), William Peden reflects on shared views on the objectivity and nature of statistics between Tinbergen and Keynes underlying the Tinbergen-Keynes debates.

This article analyzes the role of entropy in Bayesian statistics, focusing on its use as a tool for detection, recognition and validation of eigen-solutions. “Objects as eigen-solutions” is a key metaphor of the cognitive constructivism epistemological framework developed by the philosopher Heinz von Foerster. Special attention is given to some objections to the concepts of probability, statistics and randomization posed by George Spencer-Brown, a figure of great influence in the field of radical constructivism.

This paper discusses the issue of the identity and individuality (or lack thereof) of quantum mechanical particles. It first reconstructs, on the basis of the extant literature, a general argument in favour of the conclusion that such particles are not individual objects. Then, it critically assesses each one of the argument’s premises. The upshot is that, in fact, there is no compelling reason for believing that quantum particles are not individual objects.

While cultural sociology has recently made a comeback in research on social inequality both in the context of poverty studies and studies of immigrant integration, it has rarely investigated how particular constructions of the problem of socioeconomic mobility are themselves culturally situated. The article addresses this neglect by investigating the problematization of disadvantaged lives within the relational framework of Bourdieu’s cultural theory of the state. Here, the state exercises symbolic violence by transforming one arbitrary cultural standpoint in social space into (...) a universal standard, or a taken-for-granted “doxa,” against which other cultural positions can only come off as deficient. The article extends this perspective by addressing the role of official statistics in this process. Taking Germany’s official monitoring of the socioeconomic integration of immigrants as its case and drawing from document analysis, interviews, ethnographic observation, and data from the German General Social Survey, the article shows how such statistical instruments of the welfare state in fact tacitly universalize a model of the good life particular to civil servants, the very constructors of the monitors, as a benchmark for immigrant integration. (shrink)

Much of the science and religion debate has focussed on statistics. The chapters in this section go beyond bare statistics by examining more nuanced studies of science, religion and education with the aim of developing a deeper understanding of the issues at play when attempting to deal with the issues of science and religion in the classroom.

Much of the criticism of Stevens's criterion for permissible statistics as applied to measurement data results from a lack of clarity in Stevens's position. In this paper set-theoretical notions have been used to clarify that position. We define a sig-function as a function defined on numerical assignments. If A and R are empirical and numerical relational systems, respectively, then a sig-function F is constant on A with respect to R if, and only if, the value of F is the same (...) for all numerical assignments for A with respect to R. Using these notions we prove rigorously certain generalizations of Stevens's results. (shrink)

The concept of classical indistinguishability is analyzed and defended against a number of well-known criticisms, with particular attention to the Gibbs’paradox. Granted that it is as much at home in classical as in quantum statistical mechanics, the question arises as to why indistinguishability, in quantum mechanics but not in classical mechanics, forces a change in statistics. The answer, illustrated with simple examples, is that the equilibrium measure on classical phase space is continuous, whilst on Hilbert space it is discrete. The (...) relevance of names, or equivalently, properties stable in time that can be used as names, is also discussed. (shrink)

There are many philosophical questions surrounding the notion of lying. Is it ever morally acceptable to lie? Can we acquire knowledge from people who might be lying to us? More fundamental, however, is the question of what, exactly, constitutes the concept of lying. According to one traditional definition, lying requires intending to deceive (Augustine. (1952). Lying (M. Muldowney, Trans.). In R. Deferrari (Ed.), Treatises on various subjects (pp. 53?120). New York, NY: Catholic University of America). More recently, Thomas Carson (2006. (...) The definition of lying. Nous, 40, 284?306) has suggested that lying requires warranting the truth of what you do not believe. This paper examines these two prominent definitions and some cases that seem to pose problems for them. Importantly, theorists working on this topic fundamentally disagree about whether these problem cases are genuine instances of lying and, thus, serve as counterexamples to the definitions on offer. To settle these disputes, we elicited judgments about the proposed counterexamples from ordinary language users unfettered by theoretical bias. The data suggest that everyday speakers of English count bald-faced lies and proviso lies as lies. Thus, we claim that a new definition is needed to capture common usage. Finally, we offer some suggestions for further research on this topic and about the moral implications of our investigation into the concept of lying. (shrink)

This article describes and analyzes the design and functioning of the Statistical Ethics System (SETE) in Colombia’s National Statistical Office. It presents the methodology and general process of planning and implementation of the System, supported by a conceptual analysis of the requirements for an ethical functioning of official statistics. The general objective of the article is to make a practical contribution to the understanding of conceptual and practical features that ought to be considered in the implementation of an ethical system (...) in the operation of the public sector, particularly in the area of the production of official statistics. The text is divided into five parts. In the first part, we make a general introduction to the ethical value of official statistics. In the second and third parts, we make a presentation and analysis of the principles and risks that were selected as the basic ethical framework for the production of official statistics at the National Administrative Department of Statistics (DANE). The fourth section presents the conceptual and practical bases of how SETE operates. The fifth section we present some concluding remarks. (shrink)

In this paper we show that Neutrosophic Statistics is an extension of Interval Statistics, since it deals with all kinds of indeterminacy (with respect to data, inferential procedures, probability distributions, graphical representations, etc.), allows for indeterminacy reduction, and uses neutrosophic probability which is more general than imprecise and classical probabilities, and has more detailed corresponding probability density functions. Whereas Interval Statistics only deals with indeterminacy that can be represented by intervals. And we respond to the arguments of Woodall et al (...) [1]. We show that not all indeterminacies (uncertainties) can be represented by intervals. Moreover, in some applications, we should use hesitant sets (which have less indeterminacy) instead of intervals. We redirect the authors to Plitogenic Probability and Plitogenic Statistics which are the most general forms of Multivariate Probability and Multivariate Statistics respectively (including, of course, Imprecise Probability and Interval Statistics as subclasses). (shrink)

The last two decades have seen a welcome proliferation of the collection and dissemination of data on social progress, as well as considered public debates rethinking existing standards of measuring the progress of societies. These efforts are to be welcomed. However, they are only a nascent step on a longer road to the improved measurement of social progress. In this paper, I focus on the central role that gender should take in future efforts to measure progress in securing human rights, (...) with a particular focus on anti-poverty rights. I proceed in four parts. First, I argue that measurement of human rights achievements and human rights deficits is entailed by the recognition of human rights, and that adequate measurement of human rights must be genuinely gender-sensitive. Second, I argue that existing systems of information collection currently fail rights holders, especially women, by failing to adequately gather information on the degree to which their rights are secure. If my first two claims are correct, this failure represents a serious injustice, and in particular an injustice for women. Third, I make recommendations regarding changes to existing information collection that would generate gender-sensitive measures of anti-poverty rights. Fourth, I conclude by responding to various objections that have been raised regarding the rise of indicators to track human rights. (shrink)

It has been recently debated whether there exists a so-called “easy road” to nominalism. In this essay, I attempt to fill a lacuna in the debate by making a connection with the literature on infinite and infinitesimal idealization in science through an example from mathematical physics that has been largely ignored by philosophers. Specifically, by appealing to John Norton’s distinction between idealization and approximation, I argue that the phenomena of fractional quantum statistics bears negatively on Mary Leng’s proposed path to (...) easy road nominalism, thereby partially defending Mark Colyvan’s claim that there is no easy road to nominalism. (shrink)

In this article, the rotational invariance of entangled quantum states is investigated as a possible cause of the Pauli exclusion principle. First, it is shown that a certain class of rotationally invariant states can only occur in pairs. This is referred to as the coupling principle. This in turn suggests a natural classification of quantum systems into those containing coupled states and those that do not. Surprisingly, it would seem that Fermi–Dirac statistics follows as a consequence of this coupling while (...) the Bose–Einstein follows by breaking it. In Sec. 5, the above approach is related to Pauli's original spin-statistics theorem and finally in the last two sections, a theoretical justification, based on Clebsch–Gordan coefficients and the experimental evidence respectively, is presented. (shrink)