The Naturalized Epistemology Approach to Evidence

Forthcoming in Dahlman, Stein, and Tuzet, eds., Philosophical Foundations of Evidence Law (OUP 2021)

20 Pages Posted: 15 Oct 2020

See all articles by Gabe Broughton

Gabe Broughton

Princeton University

Brian Leiter

University of Chicago

Date Written: September 27, 2020

Abstract

Studying evidence law as part of naturalized epistemology means using the tools and results of the sciences to evaluate evidence rules based on the accuracy of the verdicts they are likely to produce. In this brief chapter, we introduce the approach and address skeptical concerns about the value of systematic empirical research for evidence scholarship, focusing, in particular, on worries about the external validity of jury simulation studies. Finally, turning to applications, we consider possible reforms regarding eyewitness identifications and character evidence.

Keywords: Evidence, Naturalized epistemology, Eyewitness identification, Character evidence

Suggested Citation

Broughton, Gabe and Leiter, Brian, The Naturalized Epistemology Approach to Evidence (September 27, 2020). Forthcoming in Dahlman, Stein, and Tuzet, eds., Philosophical Foundations of Evidence Law (OUP 2021), Available at SSRN: https://ssrn.com/abstract=3700577 or http://dx.doi.org/10.2139/ssrn.3700577

Gabe Broughton (Contact Author)

Princeton University

Department of Philosophy
1879 Hall
Princeton, NJ 08544
United States

Brian Leiter

University of Chicago ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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