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Challenges for Comparative Fact-Finding

Professor Sullivan recently published an article in The International Journal of Evidence and Proof, titled “Challenges for Comparative Fact-Finding.”

From the abstract:

A paradigm shift is underway in scholarship on legal fact-finding. Recent work clearly and consistently suggests that persuasion is the product of purely comparative assessments of factual propositions. This paper comments on the philosophical roots of the comparative paradigm. It also highlights two outstanding challenges for the comparative approach: (1) specification of a purely comparative test for the beyond a reasonable doubt standard, and (2) articulation of the mechanics by which unspecific or disjunctive factual propositions are supposed to be weighed in comparative fact-finding.

Access the full article here.

Sean P. Sullivan, Challenges for Comparative Fact-Finding, 23 Int’l J. Evidence & Proof 100 (2019).

Sean Sullivan