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Explanationism All the Way Down
- Episteme: A Journal of Social Epistemology
- Edinburgh University Press
- Volume 5, Issue 3, 2008
- pp. 320-328
- Article
- Additional Information
The probabilistic account of juridical proof meets insurmountable problems. A better explanation of juridical proof is that it is a form of inference to the best explanation that involves the comparative plausibility of the parties’ stories. In addition, discrete evidentiary matters such as relevance and probative value are also best understood as involving inference to the best explanation rather than being probabilistic.