Special Workshop Abstract

Special Workshop Title: Law, Morality, Politics, Defeasibility
Author: Susan Haack
Paper Title: Truth in the Law
Abstract: (1) The distinction between truth, i.e., the property of being true, and truths, i.e., the propositions, etc. that are true. Classifi­cation of theories of truth, commentary on the most plausible. Scare quotes, and the distinction between truths and "truths," i.e., propositions that are taken to be, or pass for, true. The Passes-for Fallacy, and its role in inducing skepticism about the concept of truth.

(2) The distinction between the factual claims at issue in legal disputes, and legal claims. Adversarialism; how a trial differs from e.g. historians' or scientists' or detectives' efforts to ascertain factual truths. Legal claims as making sense, and hence true or false, only construed as implicitly referring to some legal system or systems; legal systems as socially constructed, but also real. Indeterminacies of meaning in legal claims; truth-value gaps.

(3) How legal and moral claims overlap, and how they differ. Objectiv­ist vs. relativist etc. accounts of ethics have no direct bearing on questions of the status of legal claims.

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