The place of causality and probability in judical decision
AbstractIn both philosophy and in the process of legal decision, the concepts of causality and probability have been the fundamental pivots that are subject of controversy. Without these concepts, the science of adjudicating reasoning will be arbitrary. But the reliance on these concepts has provided a solid standard of judicial process. In this piece of essay, we are to determine the role and the use of these concepts in the determination of judicial decisions. Before then, insight will be given as to the various uses of the concepts with particular reference to the role they play in legal reasoning. Under this, we will look at the application of these concepts on testimonial and circumstantial evidence for judicial reasoning with a view to showing how in some cases the judgments given are found to be far from what is the truth. Most of the judgments or decisions are based on the balance of probability of evidence. This in itself is fraught with problems. This we will notice in the course of this work.
Sophia: An African Journal of Philosophy Vol. 8(1) 2005: 158-167