Empiriceme · Precept · Normative Principle

Blackstone's Ratio

Also called Blackstone's formulation

It is better that ten guilty escape than that one innocent suffer; institutions must choose which error to prefer.

Blackstone's 1769 formulation. The ratio is a policy choice: raising it protects the innocent and releases more of the guilty, and every procedural rule about evidence implicitly picks a number.

In practice

  • A disciplinary process that requires proof before dismissal will retain some people it should not; one that does not will dismiss some it should not, and the design is a choice between those.
  • A spam filter tuned to catch everything will lose real mail; the setting is not a technical question but a decision about which error hurts more.
Further reading
Wikipedia
Subject
Law & Politics
Essay
Rules that restrain power, and advice on using it

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