Chapter

Epistemological Corollary

Alex Stein

in Foundations of Evidence Law

Published in print August 2005 | ISBN: 9780198257363
Published online January 2010 | e-ISBN: 9780191711039 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257363.003.0002
Epistemological Corollary

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This chapter defines the characteristics of adjudicative fact-finding. It identifies and analyzes two fundamental problems — uncertainty and justification. It underscores the importance of best-evidence principle as an epistemic device for controlling evidence-selection. The chapter also identifies the epistemic criteria for determining the probabilities of the relevant factual scenarios on the evidence previously selected. These criteria are empirical; they include common sense, logic, and general experience. It analyzes the skeptical challenges to these criteria, which point to the impossibility of rational and justified fact-finding.

Keywords: adjudicative fact-finding; uncertainty; justification; best-evidence principle; evidence selection

Chapter.  14192 words. 

Subjects: Jurisprudence and Philosophy of Law

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