Peruzzi, Edoardo (2025) The Application of Economic Models into the Courtroom: A Failed Promise? [Preprint]

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Abstract

Scientific models are frequently used as sources of evidence in legal proceedings. A prominent example is the use of economic models by expert witnesses in competition cases, that is, legal disputes involving alleged violations of antitrust laws. In these cases, economic experts apply theoretical models and econometric techniques to provide quantitative insights about specific markets. Judges then assess the reliability and strength of this model-based evidence when making their decisions. However, despite its widespread use, economic models often fail to significantly influence judicial outcomes, undermining their intended role in the courtroom.
This paper argues that disregarding model-based evidence has serious consequences, as weaker and less reliable evidence often fills the void, potentially reducing the quality of judicial decisions. To uncover the reasons behind this phenomenon, I will explore the methodological challenges of using economic models in courts in two ways. First, I argue that the judicial assessment of economic models differs from other instances of model use studied in philosophy of science. Second, I contend that institutional and epistemological factors contribute to the challenges of using economic models in court. Specifically, economic models have a large "attack surface," making them vulnerable to challenges in adversarial settings. Ironically, this vulnerability allows less reliable forms of evidence, which are simpler and harder to challenge, to gain prominence in judicial decisions.

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Item Type:	Preprint
Creators:	Creators Email ORCID Peruzzi, Edoardo edoardoperuzzi96@gmail.com 0000-0002-9379-4019
Keywords:	model transfer; scientific models; evidence; economic models; courtroom
Subjects:	Specific Sciences > Economics General Issues > Evidence General Issues > Models and Idealization General Issues > Science and Policy
Depositing User:	Dr. Edoardo Peruzzi
Date Deposited:	19 Apr 2025 15:33
Last Modified:	19 Apr 2025 15:33
Item ID:	25112
Subjects:	Specific Sciences > Economics General Issues > Evidence General Issues > Models and Idealization General Issues > Science and Policy
Date:	April 2025
URI:	https://philsci-archive.pitt.edu/id/eprint/25112

Available Versions of this Item

• The Transfer of Economic Models into the Courtroom: A Failed Promise? (deposited 18 Dec 2024 13:35)
  • The Application of Economic Models into the Courtroom: A Failed Promise? (deposited 19 Apr 2025 15:33) [Currently Displayed]

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