- Jul 27, 2010
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Your argument hinges on the eccentric scientific notion that the full range of probabilities will add to 100%. Such mathematical pedantry has no place in a legal system.
Yes, you’re right, that is what my argument hinges on. It’s not pedantry, it’s logic. If logic has no place in a legal system, then so much worse for the law. Any detective novel will tell you that when you eliminate all the likely or preferred possibilities, the unlikely or unwanted possibility is all that remains.
The argument also hinges on the fact that all the hard scientific evidence, viz., statistics, supports transfusion, directly or indirectly. The Spanish meat testing numbers. The published DEHP studies. Pharmacokinetics. In contrast, the arguments against transfusion—he wouldn’t have taken this much CB; he wouldn’t have transfused twice; there are no negative passport data (that we know of)—are based on soft evidence, i.e., evidence that cannot be evaluated probabilistically. IOW, anyone can decide for himself how strong that evidence is.
But if everyone else is comfortable with a system that is illogical, and gives as much or more weight to subjective factors as hard evidence, who am I to protest?
I'll just add that for anyone who supports Bert to argue that this 100% probabilities is pendantic (I don't know if you do support him, July, but for anyone who does) is hypocritical. The case originally devolved around whether Bert could prove the meat was contaminated. He got a huge break when RFEC in effect DEFINED the case as transfusion vs. contamination. Now he no longer had to prove contamination, he only had to prove it wasn't transfusion. All I'm doing is pointing out that if he's to be the beneficiary of that either/or logic, the logic should be applied fairly.
