Game analogy in law reconsidered: is evidence at stake?

نویسندگان

چکیده

Abstract The aim of this paper is to show that the meaning and significance legal evidence being constituted throughout course a singular instance proceedings. This be achieved by describing what agents do while appealing different propositions fact inferring from them authors claim process applying law ultimately rooted in inferential discursive practices exchanging reasons on part participants Therefore, they set forth model proceedings consists an interplay between three types reasons, which are exchanged proceedings: i.e. epistemic stake reasons. To illustrate interplay, deploy metaphor as game, provide description particular playing game law. conclusion concept (at least part) role plays affecting for action choose act on. other final assumption metatheoretical: want when analyzing is, one should begin perspective proceedings, rather than general.

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ژورنال

عنوان ژورنال: Synthese

سال: 2022

ISSN: ['0039-7857', '1573-0964']

DOI: https://doi.org/10.1007/s11229-022-03997-0