Cardozo Journal of International and Comparative Law
Abstract
The article examines whether formal models of evidentiary inference, specifically probabilistic (Pascalian) and inductive (Baconian) models, can accommodate cultural sensitivity. It argues that both models fail to adequately address cultural factors, which significantly influence evidentiary judgments. The probabilistic model overlooks the cultural context in sample space selection, while the inductive model, though rooted in a socially sensitive philosophy of science, does not explicitly incorporate cultural influences. This omission leads to potential biases and inaccuracies in legal proceedings.
Disciplines
Evidence | Law
Recommended Citation
Ron A. Shapira,
The Susceptibility of Formal Models of Evidentiary Inference to Cultural Sensitivity,
5
Cardozo J. Int'l & Comp. L.
165
(1997).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol5/iss1/12