Convergent evolution in law and science: the structure of decision-making under uncertainty

Abstract

The formal structure of decision-making under uncertainty used in legal trials bears a noteworthy similarity to the structure of decision-making under uncertainty used in hypothesis testing in empirical science. The first purpose of this article was to explicate those similarities. Secondly, the article reviews the historical origins of these decision-making schemes in both law and science, finding that they evolved independent of each other to serve similar functions.