Justification, coherence, and epistemic responsibility in legal fact-finding

Episteme 5 (3):pp. 306-319 (2008)

Authors
Amalia Amaya
National Autonomous University Of Mexico
Abstract
This paper argues for a coherentist theory of the justification of evidentiary judgments in law, according to which a hypothesis about the events being litigated is justified if and only if it is such that an epistemically responsible fact-finder might have accepted it as justified by virtue of its coherence in like circumstances. It claims that this version of coherentism has the resources to address a main problem facing coherence theories of evidence and legal proof, namely, the problem of the coherence bias. The paper then develops an aretaic approach to the standards of epistemic responsibility which govern legal fact-finding. It concludes by exploring some implications of the proposed account of the justification of evidentiary judgments in law for the epistemology of legal proof
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DOI 10.3366/E1742360008000415
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References found in this work BETA

Inference to the Best Explanation.Peter Lipton - 1993 - Routledge/Taylor and Francis Group.
Theory of Knowledge.Keith Lehrer - 2000 - Westview Press.
Law's Empire.R. DWORKIN - 1986 - Harvard University Press.

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Citations of this work BETA

Risk.Duncan Pritchard - 2015 - Metaphilosophy 46 (3):436-461.
Coherence, Evidence, and Legal Proof.Amalia Amaya - 2013 - Legal Theory 19 (1):1-43.
Legal Justification by Optimal Coherence.Amalia Amaya - 2011 - Ratio Juris 24 (3):304-329.
Testimonial Injustice in International Criminal Law.Shannon Fyfe - forthcoming - Symposion. Theoretical and Applied Inquiries in Philosophy and Social Sciences.

View all 8 citations / Add more citations

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