Alejo Joaquín Giles (University of Buenos Aires (UBA); University of Girona) has posted A missing piece in the debate about naked statistical evidence (The International Journal of Evidence & Proof, volume 28, issue 1) on SSRN. Here is the abstract:
In this article, I want to draw attention to a class of cases that is ignored, sometimes deliberately, in the debate about the probative value of naked statistical evidence (NSE). I am talking about cases in which ‘statistical’ propositions are the principal subject of proof. I will show that they are legally relevant and remain immune to the arguments against NSE put forward in the evidence literature. All of this, I will conclude, makes it convenient to pay more attention to them. First, I will highlight the hypothetical cases discussed in the NSE debate and the kind of propositions that must be proved in them: ‘singular’ propositions. Second, I will show that there are other cases, also relevant in legal systems, in which the principal factum probandum are ‘statistical’ propositions. Third, I will argue that this difference is substantial for the NSE debate.
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