Huls has argued that the idea that judges are truth-finders is misleading. In the first part of the paper I put his claim to the test. Against Huls I argue that the aim of procedures in criminal lawsuits is not only to guarantee binding decisions but also to help to find the truth. In the second part of the paper I investigate the role expert-witnesses play in truth-finding. Cleiren and Loth have argued that experts fail to understand the differences between legal and scientific ways of truth-finding. It turns out that Cleiren does not offer an argument for her claim and that Loth’s claim fails too, since it confuses coherence as truth and coherence as epistemic justification. I conclude that legal scholars, rather than experts, fail to understand the nature of legal and scientific truth-finding. |
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Search result: 4 articles
Book Review |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2015 |
Authors | Derk Venema |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2010 |
Keywords | Legitimation durch Verfahren, criminal law, expert-witnesses, truth, reliability of evidence |
Authors | Anne Ruth Mackor |
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Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2006 |
Keywords | gerechtelijke procedure, kwaliteit, motivering, aanvaarding, bestuurder, fout, herstel, idee, legitimiteit, media |
Authors | N. Huls |
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Journal | Netherlands Journal of Legal Philosophy, Issue 1 2006 |
Keywords | contract, autonomie, democratie, slachtoffer, aanvaarding, binding, confirmatie, dwang, exclusiviteit, fabriek |
Authors | T. Holterman |
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