Sensitivity, safety, and the law: A reply to pardo

David Enoch, Levi Spectre

Research output: Contribution to journalArticlepeer-review


In a recent paper, Michael Pardo argues that the epistemic property that is legally relevant is the one called Safety, rather than Sensitivity. In the process, he argues against our Sensitivity-related account of statistical evidence. Here we revisit these issues, partly in order to respond to Pardo, and partly in order to make general claims about legal epistemology. We clarify our account, we show how it adequately deals with counterexamples and other worries, we raise suspicions about Safety’s value here, and we revisit our general skepticism about the role that epistemological considerations should play in determining legal policy.

Original languageEnglish
Pages (from-to)178-199
Number of pages22
JournalLegal Theory
Issue number3
StatePublished - 2019

Bibliographical note

Publisher Copyright:
© Cambridge University Press 2019


Dive into the research topics of 'Sensitivity, safety, and the law: A reply to pardo'. Together they form a unique fingerprint.

Cite this