The formal structure of decision-making under uncertainty used in legal trials bears a remarkable similarity to the structure of decision-making under uncertainty used in hypothesis testing in empirical science. The first purpose of this article is to explicate those similarities. Secondarily, the article reviews the historical origins of these decision-making schemes in both law and science, finding that they evolved independently of each other to serve similar functions.
- convergent evolution
Available at: http://works.bepress.com/michael_saks/3/