In a world awash in “fake news,” where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established.

In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence.

Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking—all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth.

Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.

"Schauer displays a level of intellectual honesty one rarely encounters these days…This is delightful stuff, all the more so coming from an author whose political sympathies clearly lie far from the Trump family. Chapters on the state of criminology and the nature of lying are similarly engaging." - Wall Street Journal

"[Schauer’s] essential argument is that in assessing evidence, we need, first of all, to recognize that evidence comes in degrees (from weak to strong, from extraneous to relevant) and that probability, the likelihood that the evidence or testimony is accurate, matters…[He] has fascinating things to say about the reliability of eyewitnesses, hearsay and lie detectors, the efficacy of honor codes and courtroom oath taking, and the trustworthiness of letters of recommendation." - Inside Higher Education

"I would make Proof one of a handful of books that all incoming law students should read…Essential and timely." - Law and Society Review

"Effectively explains how people understand and use evidence to build their beliefs, either individually or collectively, and also discusses the mechanics of poor reasoning and scientific inquiry. The resulting work is a foundational and engaging piece that serves as a primer for legal professionals, scientists, and the general public." - Jindal Global Law Review

"Schauer is inviting us to distrust ourselves, to look for an external ground in our evidence assessments, one that reaches out for empirical evidence and verifiable inferences, instead of feelings, senses, perception, and intuition…The elucidation of this value (of distrusting ourselves) is a great achievement…[A] fascinating book." - Jotwell