
Abstract Courts use inferences to the best explanation in many contexts and for a variety of purposes. Yet our understanding of lawyers’ uses of this inferential form is insufficient. In this article, after briefly introducing this inferential form, I set out to: (i) explain the structure of such arguments by reference to an argument scheme; (ii) clarify the types of claims courts support by deploying such inferences while attempting to justify acting in accordance with explanatory principles (inferences to the best explanation—principles, or IBE-Ps); (iii) offer an account of the ‘explanatory’ relationship on which IBE-P is predicated; (iv) explain what precisely can count as part of the explanandum in an IBE-P; and (v) discuss criteria that might be used to adjudicate which is the best among rival explanations.
/dk/atira/pure/subjectarea/asjc/1200/1211, /dk/atira/pure/subjectarea/aacsb/discipline_based_research, Discipline-Based Research, legal abduction, inference to the best explanation, /dk/atira/pure/subjectarea/asjc/3300/3308, Philosophy, legal argumentation, legal principle, inferential forms, Law
/dk/atira/pure/subjectarea/asjc/1200/1211, /dk/atira/pure/subjectarea/aacsb/discipline_based_research, Discipline-Based Research, legal abduction, inference to the best explanation, /dk/atira/pure/subjectarea/asjc/3300/3308, Philosophy, legal argumentation, legal principle, inferential forms, Law
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| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Top 10% | |
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