The Proof: Uses of Evidence in Law, Politics, and Everything Else

The Proof: Uses of Evidence in Law, Politics, and Everything Else

by Frederick Schauer

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Overview

Winner of the Scribes Book Award

“Displays a level of intellectual honesty one rarely encounters these days…This is delightful stuff.”
—Barton Swaim, Wall Street Journal

“At a time when the concept of truth itself is in trouble, this lively and accessible account provides vivid and deep analysis of the practices addressing what is reliably true in law, science, history, and ordinary life. The Proof offers both timely and enduring insights.”
—Martha Minow, former Dean of Harvard Law School

“His essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees…and that probability, the likelihood that the evidence or testimony is accurate, matters.”
—Steven Mintz, Inside Higher Education

“I would make Proof one of a handful of books that all incoming law students should read…Essential and timely.”
—Emily R. D. Murphy, Law and Society Review

In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. To help us navigate this polarized world awash in misinformation, preeminent legal theorist Frederick Schauer proposes a much-needed corrective.

How we know what we think we know is largely a matter of how we weigh the evidence. But evidence is no simple thing. Law, science, public and private decision making—all rely on different standards of evidence. From vaccine and food safety to claims of election fraud, the reliability of experts and eyewitnesses to climate science, The Proof develops fresh insights into the challenge of reaching the truth. Schauer reveals how to reason more effectively in everyday life, shows why people often reason poorly, and makes the case that evidence is not just a matter of legal rules, it is the cornerstone of judgment.


Product Details

ISBN-13: 9780674295568
Publisher: Harvard University Press
Publication date: 05/01/2024
Pages: 320
Sales rank: 750,685
Product dimensions: 5.50(w) x 8.25(h) x (d)

About the Author

Frederick Schauer is the David and Mary Harrison Distinguished Professor of Law at the University of Virginia and the author of Free Speech: A Philosophical Enquiry; Playing by the Rules; Profiles, Probabilities, and Stereotypes; Thinking Like a Lawyer; and The Force of Law. He is a Fellow of the British Academy and of the American Academy of Arts and Sciences, was the Frank Stanton Professor of the First Amendment at Harvard University for twenty years, and was a founding editor of the journal Legal Theory.

Table of Contents

Preface ix

1 As a Matter of Fact 1

2 Zebras, Horses, and the Nature of Inference 15

3 The Burden of Proof 34

4 How to Tell the Truth with Statistics 58

5 Testimony, and Not Only in Court 82

6 Testing Testimony 98

7 Of Lies and Liars 111

8 Can We Believe Our Eyes and Ears? 129

9 Of Experts and Expertise 145

10 The Science of Crime 167

11 The Ever-Expanding Domain of Expertise 185

12 The Relevance of the Past to the Present 203

13 Seeing What We Want to See 226

Notes 241

Index 295

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