
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.
legal abduction, legal argumentation, inference to the best explanation, legal principle, inferential forms
legal abduction, legal argumentation, inference to the best explanation, legal principle, inferential forms
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