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Full-Text Articles in Law
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
The Embedded Epistemologist: Dispatches From The Legal Front, Susan Haack
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In ordinary circumstances, we can assess the worth of evidence well enough without benefit of any theory; but when evidence is especially complex, ambiguous, or emotionally disturbing-as it often is in legal contexts-epistemological theory may be helpful. A legal fact-finder is asked to determine whether the proposition that the defendant is guilty, or is liable, is established to the required degree of proof by the [admissible] evidence presented; i.e., to make an epistemological appraisal. The foundherentist theory developed in Evidence and Inquiry can help us understand what this means; and reveals that degrees of proof cannot be construed as mathematical …
All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen
All Fact Is Beautiful Theory: The Romantic Philip Selznick, Robert Eli Rosen
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Properly understood, Philip Selznick is a chastened romantic of the Left and is mischaracterized as a man of the Right. To Marx, Selznick added insights derived form Freud and Dewey. He was committed to the moral primacy of facts and the conditions under which they realized values. Selznick’s organicism is discussed and critiqued.