Abstract

Dissertation outline: I begin my dissertation by charting and assessing two competing approaches to theorise about the nature of knowledge – modalism and explanationism. According to the former, knowledge equates with a belief which is true in a relevant set of possible worlds; according to the latter, knowledge is a matter of believing the truth on the basis of the right explanation. When it comes to the competition between modalism and explanationism in traditional epistemology, I reject explanationism and I endorse modalism: I move novel objections against the most recent explanationist account of knowledge and I develop a novel version of modalism. This new version of modalism consists of a different safety condition which is informed by the etiological theory of functions made popular in the philosophy of biology. I argue that it does better than both extant versions of modalism and extant versions of explanationism. I then move on to the contrast between modalism and explanationism in the context of applied legal epistemology. By emphasising a few structural connections between knowledge and legal proof, epistemologists have moved quite freely from a modalist account of knowledge to a modalist account of legal proof. A case in point is Duncan Pritchard, who proposes a modal condition for knowledge and then extends it to legal standards of proof. On this second issue, I see things differently: in legal epistemology, I endorse explanationism and I reject modalism. Accordingly, I object to influential modal accounts of legal proof and I offer an alternative explanationist account. I develop an account of legal proof as an inference to the best contrastive explanation: by drawing on up-to-date literature on abductive reasoning in the philosophy of science, I bring into focus hitherto unappreciated connections between the nature of legal proof and the structure of scientific explanation. The final upshot is a well-informed account of legal proof which does away with modal conditions and better captures the nature of juridical proof. My dissertation advances two closely related debates by emphasising a neat separation between modalism and explanationism: while the former is the right approach to theorise about the nature of knowledge, only the latter can provide a satisfactory account of legal proof. Such separation offers a new picture of the relationship between knowledge and legal proof, and it provides new insights into several debates at the intersection of traditional and applied legal epistemology.