Relevance, probative value, and explanatory considerations
| Date | 01 April 2019 |
| Published date | 01 April 2019 |
| DOI | 10.1177/1365712718816740 |
| Subject Matter | Articles |
Article
Relevance, probative value,
and explanatory considerations
Gustavo Ribeiro
Harvard Law School, Cambridge, USA
Abstract
In my short contribution to this issue, I focus on Allen and Pardo proposal to redefine key
evidentiary concepts in explanatory terms, with special attention to ‘relevancy’ and ‘probative
value’. I also join forces with Allen and Pardo in replying to critics to explanatory approaches to
evidence law.
Keywords
relevance, Probative Value, Explanation
Introduction
‘Relative plausibility and its critics’ is Ron Allen and Mike Pardo’s latest installment in a series of
welcomed efforts to reshape Am erican and international evid ence scholarship from a proba bilistic
framework to one based on explanatory considerations (see e.g. Allen and Pardo, 2007a; Pardo and
Allen, 2008). Among many invaluable contributions to the explanatory camp over the last decade, Allen
and Pardo have helped us better understand key evidentiary concepts in explanatory terms (see Allen and
Pardo, 2019). In my short contribution to this issue, I focus on that aspect of their enterprise with special
attention to the concepts of ‘relevancy’ and ‘probative value’. I also join forces with Allen and Pardo in
replying to critics to explanatory approaches to evidence law.
Key evidentiary concepts in explanatory terms
Relevance. For Allen and Pardo, a piece of evidence is relevant ‘if it is explained by the particular
explanation offered by the party offering the evidence’ (See Pardo, 2013; Pardo and Allen, 2008:
241–242). This definition has clear advantages over pro babilistic formulations, according to which
relevancy is a function of likelihood ratios.
1
As Allen has taught us, it is common for opposing sides
in a trial to present competing accounts of events that share the same features. To use Allen’s example,
Corresponding author:
Gustavo Ribeiro, Gustavo Ribeiro, Boston University, Boston, MA.
E-mail: gustavor@bu.edu
1. SeeAllen & Pardo (2019: 11, fn 41) (citing, among others, Lempert (1977)).
The International Journalof
Evidence & Proof
2019, Vol. 23(1-2) 107–113
ªThe Author(s) 2019
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