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pnrjulius comments on Absence of Evidence Is Evidence of Absence - Less Wrong
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When you hear someone say "X is not evidence ...", remember that the Bayesian concept of evidence is not the only concept attached to that word. I know my understanding of the word evidence changed as I adopted the Bayesian worldview. My recollection of my prior use of the word is a bit hazy, but it was probably influenced a good deal by beliefs about what a court would admit as evidence.(This is a comment on the title of the post, not on Earl Warren's rationalization).
That's a good point. And clearly court standards for evidence are not the same as Bayesian standards; in court lots of things don't count that should (like base rate probabilities), and some things count more than they should (like eyewitness testimony).