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Some of Tillers' papers are available on SSRN




Evidence: Law & Theory
Evidence: Technology & Theory
Legal Consulting in Investigation Strategy, Pretrial Preparation, and the Law of Evidence
Go to Links to Tillers' Online Papers and Notes
General Interests
In recent decades there have been significant advances in the understanding of evidence and inference. One of my major interests is in making use of some of these advances to gain insights into evidence, inference, and proof in litigation. I have found it particularly useful to ponder Bayesianism, L.J. Cohen's theory of induction and proof, Glenn Shafer's theory of evidence and his theory of causality, inference networks, David Schum's theory of hierarchical inference, and the evolving views and ambitions of AI theorists. My general "take" on the nature of evidence and inference has been heavily influenced by my understanding of Kant's epistemology and its problems. I believe that Hegel (while making a hash of many things) and neo-Kantians such as Ernst Cassirer appropriately recognized that Kantian premises generate more contingency and subjectivity in human knowledge than Kant himself was willing to acknowledge.
Written ca. 1998:
A Philosophical Chestnut in Inferential Garb
There is a longstanding philosophical debate about the
relationship between "facts" and "values." This philosophical chestnut
takes a particularly interesting form in the context of evidence and
inference. Some theorists insist on a sharp distinction between
descriptive theories of inference and prescriptive or normative
theories of inference. This distinction, however, may be difficult to
sustain if one thinks that whenever one describes a form of inference
one describes a form of reasoning or logic. Furthermore, close study of
inferential argument suggests that the source of many of the principles
or generalizations on which people rely when they draw inferences is as
likely to be culture as it is to be personal or scientific experience.
Students of probability, induction, and inference must in the future
think more carefully than they have in the past about the relationship
between "rational inference" and matters such as culture and "values."
While I am no great fan of movements such as deconstruction, there may
be more than is generally acknowledged to the Hegelian idea than that
human societies and communities are grand experiments, tests, or wagers
of the viability or validity of particular "world views," views of the
world that may prove to be right (or wrong) but whose accuracy or
adequacy cannot be demonstrated while they are being tested. I hope to
examine this matter -- the relationship between "rational inference"
and matters such as culture, cultural values, prejudice, personal
values, and personal beliefs -- in more detail in the years to come.
Joint Report
(Testimony) of David A. Schum & Peter Tillers (Dec. 21, 1994)
in United States of America versus Charles O. Shonubi

Dates: January 28-29, 2007.
Venue: Cardozo Law School, Yeshiva University, 55 Fifth Avenue
(5th Ave. & 12th St.), New York (Manhattan), New York
Drafts and abstracts of some of the papers and comments are available online at http://tillers.net/conference.html.
Final versions of many of the conference papers as well as some additional related papers are available at Law, Probability and Risk.

Thought in Progress:
Decisions, Decisions! :
Is systematic decision making about proof in litigation possible?

Dynamic Proof and Nonstationary Decision Making in Litigation:
A "Cartesian" Picture of the Process of Proof
On Probability and Uncertainty in Law:
Konstanz 2003 International Summer School Lecture Notes
On Creativity, Contamination, Time & Irreversibility in Proof:
The Fabrication of Facts in Investigation and Adjudication
Artificial Intelligence and Judicial Proof:
How Can AI Contribute to the Study and Management of Forensic Investigation and Proof?
Links to Useful Evidence-Related Web Sites
Exclusively for hearsay aficionados!:
A Famous Hearsay Riddle Reconsidered & Reformulated
Hard Copy BOOKS & ARTICLES by Peter Tillers
Go to Links to Tillers' Online Papers and Notes