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Academic

: Legal Theory Blog

Pardo on Gettier Problems & Legal Proof

By Lawrence Solum

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Michael S. Pardo (University of Alabama School of Law) has posted The Gettier Problem and Legal Proof (Legal Theory, Vol. 16, 2010) on SSRN. Here is the abstract:

This article explores the relationships between legal proof and fundamental epistemic concepts such as knowledge and justification. A survey of the legal literature reveals a confusing array of seemingly inconsistent proposals and presuppositions regarding these relationships. This article makes two contributions. First, it reconciles a number of apparent inconsistencies and tensions in accounts of the epistemology of legal proof. Second, it argues that there is a deeper connection between knowledge and legal proof than is typically argued for or presupposed in the legal literature. This connection is illustrated through a discussion of the Gettier problem in epistemology. It is argued that the gap or disconnect between truth and justification that undermines knowledge in Gettier cases also potentially undermines the success of legal verdicts. Very interesting & highly recommended.

Full post as published by Legal Theory Blog on April 30, 2010 (boomark / email).