Strange Bedfellows: Inference to the Best Explanation and the Criminal Standard of Proof

16 Pages Posted: 1 Jul 2008

See all articles by Larry Laudan

Larry Laudan

University of Texas School of Law

Abstract

Several philosophers and evidence scholars have recently suggested that both the criminal and civil standards of proof could be modeled using the schema known as inference to the best explanation. This paper challenges that proposal, showing that being the best explanation of a certain set of facts is too weak to serve as an explication of proof beyond a reasonable doubt and too strong to capture the meaning of the preponderance of the evidence.

Keywords: best explanation, reasonable doubt, standard of proof, preponderance of the evidence, abduction

Suggested Citation

Laudan, Larry, Strange Bedfellows: Inference to the Best Explanation and the Criminal Standard of Proof. U of Texas Law, Public Law Research Paper No. 143, Available at SSRN: https://ssrn.com/abstract=1153062 or http://dx.doi.org/10.2139/ssrn.1153062

Larry Laudan (Contact Author)

University of Texas School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

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