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Article
The Silliness of Magical Realism
Cornell Law Faculty Publications
  • Kevin M. Clermont, Cornell Law School
Document Type
Article
Publication Date
4-1-2019
Keywords
  • Standards of proof,
  • Relative plausibility
Disciplines
Abstract

Relative plausibility, even after countless explanatory articles, remains an underdeveloped model bereft of underlying theory. Multivalent logic, a fully developed and accepted system of logic, comes to the same endpoint as relative plausibility. Multivalent logic would thus provide the missing theory, while it would resolve all the old problems of using traditional probability theory to explain the standards of proof as well as the new problems raised by the relative plausibility model. For example, multivalent logic resolves the infamous ‘conjunction paradox’ that traditional probability creates for itself, and which relative plausibility tries to sweep under the rug.

Yet Professors Allen and Pardo dismiss multivalent logic as magical realism when applied to legal factfinding. They reject this ring buoy because they misunderstand nonclassical logic, as this response explains.

Citation Information
Clermont, Kevin M., "The Silliness of Magical Realism," 23 International Journal of Evidence & Proof 147 (2019)