Page 1 of 1

the inadequacy of judicial epistemology

Posted: Thu Sep 21, 2023 3:31 pm
by Advocate
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

Posted: Thu Sep 21, 2023 4:22 pm
by Iwannaplato
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.
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.

Re: the inadequacy of judicial epistemology

Posted: Thu Sep 21, 2023 4:26 pm
by Skepdick
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 lawyers lie without consequence to those in the witness stand.

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

Posted: Thu Sep 21, 2023 9:59 pm
by LuckyR
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

Posted: Fri Sep 22, 2023 1:20 am
by Advocate
[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.

Re: the inadequacy of judicial epistemology

Posted: Fri Sep 22, 2023 7:52 pm
by LuckyR
Advocate wrote: Fri Sep 22, 2023 1:20 am
LuckyR wrote: Thu Sep 21, 2023 9:59 pm 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.
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.
Really? So folks who win at the game complain about it? Not so much.

Re: the inadequacy of judicial epistemology

Posted: Sat Sep 23, 2023 1:29 am
by Advocate
[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