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Warrant, Causation, and the Atomism of Evidence Law

Published online by Cambridge University Press:  03 January 2012

Susan Haack
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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.

Type
Research Article
Information
Episteme , Volume 5 , Issue 3 , October 2008 , pp. 253 - 266
Copyright
Copyright © Cambridge University Press 2008

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