David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 18 (5):447-460 (1999)
The paper explains and differentiates the concept of `fact' in the legal setting. Fact and evidence, fact/falsity distinguished; fact and law considered -- a real difference or a pragmatic device? Questions of fact and degree considered, in themselves and in the context of jury trial and of appeals. Primary fact, factual inferences from primary fact, questions of classification of fact are considered. Whether inference is supported by evidence, and whether classification is correct may be questions of law. Issues of fact and opinion, fact and comment, relative to freedom of speech, defamation etc: no clear distinction available. Legal problems concerning absence of workable distinctions.
|Keywords||fact evidence truth statement degree (question of) jury appeal primary fact inference classification opinion comment|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
George B. Wall (1973). A Fact is a Fact is a Fact. Zygon 8 (2):128-132.
David J. Owens (2003). Does Belief Have an Aim? Philosophical Studies 115 (3):283-305.
Thomas Pogge (2008). Cohen to the Rescue! Ratio 21 (4):454-475.
Jos Lehmann & Aldo Gangemi (2007). An Ontology of Physical Causation as a Basis for Assessing Causation in Fact and Attributing Legal Responsibility. Artificial Intelligence and Law 15 (3):301-321.
Paul M. Pietroski (2000). On Explaining That. Journal of Philosophy 97 (12):655-662.
Stephen C. Pepper (1973). Some Remarks on Wall's "a Fact is a Fact is a Fact". Zygon 8 (2):133-134.
Jos Lehmann, Joost Breuker & Bob Brouwer (2004). Causation in AI and Law. Artificial Intelligence and Law 12 (4):279-315.
Alex Broadbent (2009). Fact and Law in the Causal Inquiry. Legal Theory 15 (3):173-191.
Added to index2009-01-28
Total downloads10 ( #154,226 of 1,102,036 )
Recent downloads (6 months)5 ( #68,255 of 1,102,036 )
How can I increase my downloads?