Warrant, Causation, and the Atomism of Evidence Law

Episteme 5 (3):253-266 (2008)
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Abstract

The epistemological analysis offered in this paper reveals that a combination of pieces of evidence, none of them sufficient by itself to warrant a causal conclusion to the legally required degree of proof, may do so jointly. The legal analysis offered here, interlocking with this, reveals that Daubert’s requirement that courts screen each item of scientific expert testimony for reliability can actually impede the process of arriving at the conclusion most warranted by the evidence proffered.

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Susan Haack
University of Miami

Citations of this work

Evidential Reasoning.Marcello Di Bello & Bart Verheij - 2011 - In G. Bongiovanni, Don Postema, A. Rotolo, G. Sartor, C. Valentini & D. Walton, Handbook in Legal Reasoning and Argumentation. Dordrecht, Netherland: Springer. pp. 447-493.

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