First Published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

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. (shrink)

This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.

Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first (...) integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial. (shrink)

This paper explores the relation between rational authority and social power, proceeding by way of a philosophical genealogy derived from Edward Craig's Knowledge and the State of Nature. The position advocated avoids the errors both of the 'traditionalist' (who regards the socio-political as irrelevant to epistemology) and of the 'reductivist' (who regards reason as just another form of social power). The argument is that a norm of credibility governs epistemic practice in the state of nature, which, when socially manifested, is (...) likely to imitate the structures of social power. A phenomenon of epistemic injustice is explained, and the politicizing implication for epistemology educed. (shrink)