Contextualist Answers to Skepticism, and What a Lawyer Cannot Know

Florida State University Law Review 30:1-23 (2002)
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Abstract

Contextualism answers skepticism by proposing a variable standard of justification, keyed to the context of utterance. A lawyer's situation with respect to a criminal defendant's factual guilt is a special one. The argument here is that in this special context an especially high standard of epistemic justification applies. The standard is even more exacting than the proof-beyond-reasonable-doubt standard that juries are sworn to follow. The upshot is that criminal defense lawyers normally cannot know that a client is factually guilt.

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William A. Edmundson
Georgia State University

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