Suppose that your good friend, the police commissioner, tells you in strictest confidence that the crime kingpin of your city is Wulky Wilkinsen. As a rationalist, are you licensed to believe this statement? Put it this way: if you go ahead and mess around with Wulky’s teenage daughter, I’d call you foolhardy. Since it is prudent to act as if Wulky has a substantially higher-than-default probability of being a crime boss, the police commissioner’s statement must have been strong Bayesian evidence.
Our legal system will not imprison Wulky on the basis of the police commissioner’s statement. It is not admissible as legal evidence. Maybe if you locked up every person accused of being a crime boss by a police commissioner, you’d initially catch a lot of crime bosses, plus some people that a police commissioner didn’t like. Power tends to corrupt: over time, you’d catch fewer and fewer real crime bosses (who would go to greater lengths to ensure anonymity) and more and more innocent victims (unrestrained power attracts corruption like honey attracts flies).
This does not mean that the police commissioner’s statement is not rational evidence. It still has a lopsided likelihood ratio, and you’d still be a fool to mess with Wulky’s teenager daughter. But on a social level, in pursuit of a social goal, we deliberately define "legal evidence" to include only particular kinds of evidence, such as the police commissioner’s own observations on the night of April 4th. All legal evidence should ideally be rational evidence, but not the other way around. We impose special, strong, additional standards before we anoint rational evidence as "legal evidence".
As I write this sentence at 8:33pm, Pacific time, on August 18th 2007, I am wearing white socks. As a rationalist, are you licensed to believe the previous statement? Yes. Could I testify to it in court? Yes. Is it a scientific statement? No, because there is no experiment you can perform yourself to verify it. Science is made up of generalizations which apply to many particular instances, so that you can run new real-world experiments which test the generalization, and thereby verify for yourself that the generalization is true, without having to trust anyone’s authority. Science is the publicly reproducible knowledge of humankind.
Like a court system, science as a social process is made up of fallible humans. We want a protected pool of beliefs that are especially reliable. And we want social rules that encourage the generation of such knowledge. So we impose special, strong, additional standards before we canonize rational knowledge as "scientific knowledge", adding it to the protected belief pool.
Continue reading "Scientific Evidence, Legal Evidence, Rational Evidence" »
loading...