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Access_open ‘Wat is waarheid?’ De rol van deskundigen bij waarheidsvinding in de strafrechtspraak

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
AbstractAuthor's information

    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.


Anne Ruth Mackor
Anne Ruth Mackor is professor of professional ethics, in particular of the legal professions, at the Faculty of Law of Groningen, and Socrates professor of professional ethics at the Faculties of Philosophy and Theology of Groningen.
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