the inadequacy of judicial epistemology
the inadequacy of judicial epistemology
Courts regularly allow people to participate who do not know how to recognize, much less tell the truth. Anecdote is the lowest form of evidence and without knowing whether someone has an adequate epistemology, much less adequate ethics, it cannot be taken seriously, much less as evidence. It is a Minimal function of a legitimate court to determine the adequacy if the epistemology if all witnesses, and it must never be taken for granted.
-
- Posts: 6802
- Joined: Tue Aug 11, 2009 10:55 pm
Re: the inadequacy of judicial epistemology
That's why both sides have lawyers who will attack the witness' epistemological skills - perhaps not using those words - and remind juries about that and more. And yes, it's fallible. It tries to deal with that infallibility. On the other hand, if witnesses are disallowed to witness in a general way, it would be much easier to get away with stuff. And expert witnesses are extremely fallible.Advocate wrote: ↑Thu Sep 21, 2023 3:31 pm Courts regularly allow people to participate who do not know how to recognize, much less tell the truth. Anecdote is the lowest form of evidence and without knowing whether someone has an adequate epistemology, much less adequate ethics, it cannot be taken seriously, much less as evidence. It is a Minimal function of a legitimate court to determine the adequacy if the epistemology if all witnesses, and it must never be taken for granted.
Re: the inadequacy of judicial epistemology
And lawyers lie without consequence to those in the witness stand.Advocate wrote: ↑Thu Sep 21, 2023 3:31 pm Courts regularly allow people to participate who do not know how to recognize, much less tell the truth. Anecdote is the lowest form of evidence and without knowing whether someone has an adequate epistemology, much less adequate ethics, it cannot be taken seriously, much less as evidence. It is a Minimal function of a legitimate court to determine the adequacy if the epistemology if all witnesses, and it must never be taken for granted.
And they play language games to try to confuse you to evoke paradox which appears as contradiction.
It is a game of cheap shots.
I lost a number of prosecutions to lawyers more experienced than me who succeeded at confusing me on the witness stand.
And I got reprimanded by the court for shouting out “He is lying” when a lawyer cross examined a witness and literally lied to them about what I said.
Later on in life I wisened up to never let anyone else control my frame with the sort of entropy philosophers inject into dialogue.
Re: the inadequacy of judicial epistemology
True, the adversarial legal system is a game with certain rules. Amateurs at the game (lay persons) are less skilled at it than professionals, of course. No sense in badmouthing the game because you're not a skilled player. It is what it is.
Re: the inadequacy of judicial epistemology
[quote=LuckyR post_id=669048 time=1695329998 user_id=24359]
True, the adversarial legal system is a game with certain rules. Amateurs at the game (lay persons) are less skilled at it than professionals, of course. No sense in badmouthing the game because you're not a skilled player. It is what it is.
[/quote]
People don't bandmouth the game because they're bad players. They badmouth the game because it's a bad game that no one should ever have to play.
True, the adversarial legal system is a game with certain rules. Amateurs at the game (lay persons) are less skilled at it than professionals, of course. No sense in badmouthing the game because you're not a skilled player. It is what it is.
[/quote]
People don't bandmouth the game because they're bad players. They badmouth the game because it's a bad game that no one should ever have to play.
Re: the inadequacy of judicial epistemology
Re: the inadequacy of judicial epistemology
[quote=LuckyR post_id=669187 time=1695408723 user_id=24359]
[quote=Advocate post_id=669068 time=1695342051 user_id=15238]
[quote=LuckyR post_id=669048 time=1695329998 user_id=24359]
True, the adversarial legal system is a game with certain rules. Amateurs at the game (lay persons) are less skilled at it than professionals, of course. No sense in badmouthing the game because you're not a skilled player. It is what it is.
[/quote]
People don't badmouth the game because they're bad players. They badmouth the game because it's a bad game that no one should ever have to play.
[/quote]
Really? So folks who win at the game complain about it? Not so much.
[/quote]
a => b /= b => a
[quote=Advocate post_id=669068 time=1695342051 user_id=15238]
[quote=LuckyR post_id=669048 time=1695329998 user_id=24359]
True, the adversarial legal system is a game with certain rules. Amateurs at the game (lay persons) are less skilled at it than professionals, of course. No sense in badmouthing the game because you're not a skilled player. It is what it is.
[/quote]
People don't badmouth the game because they're bad players. They badmouth the game because it's a bad game that no one should ever have to play.
[/quote]
Really? So folks who win at the game complain about it? Not so much.
[/quote]
a => b /= b => a