The Neglect of Facts

Research output: Contribution to conferenceConference contributionAcademic

Abstract

In theories of legal reasoning the emphasis is on reasoning with norms. By some authors, the interplay between norms and facts is problematized, but there is not much separate attention for the construction of facts in legal reasoning. This problem has recently become more pressing with the growing relevance of external experts in legal proceedings. Such experts present facts, which have been constructed according to the methodological constraints of their own discipline. Lawyers show little awareness of the pre-constructed nature of such facts. In my paper, I will use the pragmatist theses of the interrelatedness of fact and theory and fact and value (Putnam 2002) to adjust the account of facts in legal reasoning.
Original languageEnglish
Publication statusPublished - 15 Aug 2011
EventIVR Conference Special Workshop 67 - Frankfurt
Duration: 15 Aug 201120 Aug 2011

Workshop

WorkshopIVR Conference Special Workshop 67
CityFrankfurt
Period15/08/1120/08/11

Research programs

  • SAI 2010-01 RRL
  • SAI 2010-01.IV RRL sub 4

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