Online research in philosophy

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.

I defend the first premise of William Rowe’s well-known arguments from evil against influential criticisms due to William Alston. I next suggest that the central inference in Rowe’s arguments is best understood to move from the claim that we have an absence of evidence of a satisfactory theodicy to the claim that we have evidence of absence of such a theodicy. I endorse the view which holds that this move succeeds only if it is reasonable to believe that (roughly) if there were such a theodicy, we would probably know it. After conceding that there may be modest prima facie support for this latter claim via the Principle of Credulity, I consider and reject four more ambitious arguments in its favour. I conclude that this necessary condition on Rowe’s crucial inference has not been shown to be satisfied.

I defend the first premise of William Rowe’s well-known arguments from evil against influential criticisms due to William Alston. I next suggest that the central inference in Rowe’s arguments is best understood to move from the claim that we have an absence of evidence of a satisfactory theodicy to the claim that we have evidence of absence of such a theodicy. I endorse the view which holds that this move succeeds only if it is reasonable to believe that (roughly) if there were such a theodicy, we would probably know it. After conceding that there may be modest prima facie support for this latter claim via the Principle of Credulity, I consider and reject four more ambitious arguments in its favour. I conclude that this necessary condition on Rowe’s crucial inference has not been shown to be satisfied.

How do we go about weighing evidence, testing hypotheses, and making inferences? The model of "inference to the best explanation" (IBE) -- that we infer the hypothesis that would, if correct, provide the best explanation of the available evidence--offers a compelling account of inferences both in science and in ordinary life. Widely cited by epistemologists and philosophers of science, IBE has nonetheless remained little more than a slogan. Now this influential work has been thoroughly revised and updated, and features a new introduction and two new chapters. Inference to the Best Explanation is an unrivaled exposition of a theory of particular interest in the fields both of epistemology and the philosophy of science.

Original and penetrating, this book investigates of the notion of inference from signs, which played a central role in ancient philosophical and scientific method. It examines an important chapter in ancient epistemology: the debates about the nature of evidence and of the inferences based on it--or signs and sign-inferences as they were called in antiquity. As the first comprehensive treatment of this topic, it fills an important gap in the histories of science and philosophy.

The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

The Rationalist Tradition of evidence scholarship1 The history of the law of evidence is the history of a series of largely isolated responses to particular ...