Abstract

There are several features of law which rightly draw the interest of philosophers, especially those whose expertise lies in ethics and social and political philosophy. But the law also has features which haven’t stirred much in the way of philosophical investigation. I must say that I find this surprising. For the fact is that a well-run criminal trial is a master-class in logic and epistemology. Below I examine the logical and epistemological properties of greatest operational involvement in a criminal proceedings, concepts such as evidence, proof, argument, inference, relevance, probability, and more. My principal objective is to expose the deep cleavage between establishment norms in epistemology and logic and standard practice in criminal proceedings. This gives us two options to reflect upon. In one, the establishment norms for the correct management of the concepts in question are basically sound. In that case, as I will show, common law criminal practice would be basically unsound; its convictions would be basically false and unjust. Seen from the other perspective, the criminal justice system would be basically sound, and its criminal convictions basically true and just. It turns out to matter that option one meets with widely spread common disbelief and is generally taken as contrary to common knowledge. What is needed here is an epistemology which gives these sentiments some air to breathe. I will argue that on balance it is the logico-epistemic establishment which requires some serious rethinking.