tillingborn wrote: ↑Sat Feb 06, 2021 11:11 am
Immanuel Can wrote: ↑Fri Feb 05, 2021 11:29 pmtillingborn wrote: ↑Fri Feb 05, 2021 10:54 pmI don't know much about courts of law. As I understand, in cases that are decided by a jury, a majority is enough for a conviction.
It's not. It has to be unanimous.
Thank you, I didn't know that. I've also heard there are occasional miscarriages of justice. If true, it demonstrates why aurgumentum ad populum is a fallacy.
Well, the legal standard is calle "beyond a
reasonable doubt." That's because there's no such thing as "beyond
any possibility ever of doubt" as there is always some theory, no matter how wacky it might be, that could be said to be remotely capable of producing doubt.
The man was caught with his hand on his wife's neck, the knife in his other hand and she was dead of stab wounds. Conclusion: beyond a reasonable doubt, guilty...but what if the postman had run in, killed the man's wife and run out again, and the husband had disarmed the postman, and was trying to revive his wife? It's an explanation, but not a likely one, unless we can find the postman and prove that he was there, and show that the man had no motive but the postman did, and show that the knife originally belonged to the postman, and so on.
So jurisprudence, like knowledge generally, is probabilistic. But even the courts recognize that a high enough probability of truth has to be enough to act on.
What they are trying to do ultimately, is find some piece of specific evidence that supports their claim and their claim only,
Sure. But there's always going to be doubt. Newton was the best guess until Einstein. Einstein will be the best until we understand all the implications of quantum theory. Quantum theory will work until we find a more probable explanation. But each of these scientific "revolutions" is a result of new evidence, not simply the result of the same evidence being used differently.
So it's not true that "all the known data counts equally for all sides". It's not the same data.
Immanuel Can wrote: ↑Fri Feb 05, 2021 11:29 pmIf one chooses between the sort of theories you describe, it is for precisely the aesthetic considerations I have argued for.
It's not. That may be the way you think -- I can't say -- but the rest of us don't all think like that.
There are two problems with that. Firstly, how do you know what 'the rest of you' think?
I know because I'm one of the "rest" there.
But how about you? Do you regard yourself as merely an aesthete in your judgments? I'll believe you, if you say you are. But I can still tell you there are others who think differently -- of which number, I am personally a case, and of which number, others I know claim also to be cases, and who give evidence that they are thinking in logical, rational or evidentiary terms, not in mere aesthetics.
And that being so, what is the basis on which you conclude they're actually all mere aesthetes?
Thanks to some of the many discoveries that science has made, I have no need to test any of those theories.
I didn't think you should. But science has ruled them out based on evidence, not aesthetics. It's not because rat poison isn't pretty that it's regarded as dangerous. It's because it's actually poisonous.