证据与推论——兼论概率与似真性(英文)

今天的讲座和前四讲有一些不同。在前四讲中,我所分析的都是证据法的公认领域,试图说明我们何以能够通过运用各种分析工具来更深刻地理解它们。今天我不想讨论证据法的传统领域,而要讨论在美国和其他几个国家正在进行的一项重要研究工作,这涉及我们所称的司法证明的性质。该研究领域并不论及像传闻规则那样的证据法特定领域,而是关于证据法根基的探讨。     

Brownfield redevelopment and affordable housing: A case study of New Jersey

Abstract

A total of 779 New Jersey residents were surveyed to determine the number of people who during the next five years would be willing to move to housing built on brownfield sites that have been remediated to the extent that they pose no plausible brownfield‐related health risk to residents.

Fourteen percent of the respondents said they would be willing to move to and live in housing built on cleaned‐up brownfields. These respondents were disproportionately relatively poor and young and resided in apartments and cities, especially cities where the city government was actively promoting brownfields. These respondents also did not like their current neighborhoods, did not feel threatened by the idea of living on a cleaned‐up brownfield site, and trusted experts to advise them on the health risks involved.     

Experimental analysis of the effect of standards on compliance and performance

Legal directives – whether laws, regulations, or contractual provisions – can be written along a spectrum of specificity, about which behavioral and legal scholarship present conflicting views. We hypothesized that the combination of specificity and monitoring promotes compliance but harms performance and trust, whereas the combination of specificity and good faith enhances both the informative goal‐setting aspects of specificity and people's sense of commitment. To test these hypotheses, we used a 2x2x2 experimental design in which participants were instructed to edit a document with either general or detailed instructions, with a reference to good faith or without it, and with a review of the work or without it. Participants could engage in various levels and kinds of editing, allowing us to distinctly measure both compliance and performance. When participants require information and guidance, as in the case of editing, we found that specificity increases performance relative to the vague standard condition. We discuss the characteristics of the regulatory frameworks in which our findings are especially relevant.