1. INTRODUCTION, SUMMARY, QUESTIONS FOR THE FUTURE: Philosophical Dimensions of the Trial
- Author
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Ross, Lewis, Egler, Miguel, Bastian, Lisa, Ross, Lewis, Egler, Miguel, and Bastian, Lisa
- Abstract
Legal trials are a rich source of philosophical interest. Familiar moral and political topics often discussed in the abstract by philosophers find concrete expression in the high-stakes environment of the courtroom. Dusty epistemological questions about evidence and testimony become problems of momentous importance in the law, where errors can lead to the imprisonment of the innocent. It is therefore no surprise that legal philosophy is currently an exciting and fruitful area of research. This special issue of the American Philosophical Quarterly showcases some of this research, focusing on philosophical questions raised by the legal trial. This special issue brings together a collection of original papers by: (i) Zachary Hoskins (Nottingham), (ii) Georgi Gardiner (Tennessee), (iii) Talia Fisher (Tel Aviv), (iv) Joe Slater (Glasgow), (v) Jeremy Davis & Duncan Purves (Florida), (vi) Christoph Winter, Nicholas Hollman & David Manheim (various). The topics discussed are of wide social importance, broadly unified by a concern with how societies should administer justice in the future. Legal systems around the world are grappling with new technologies in the courtroom (e.g., algorithmic decision-making tools for predicting recidivism) and reconsidering old technologies (e.g., using a jury of lay peers to discern true from false), they are facing difficult ethical criticisms (e.g., the low conviction rates for sexual criminality) and confronting new paradigms for justice (e.g., the customization of trials through contractual agreement). Within these debates, there is ample room for philosophers to put their moral, political, and epistemological sophistication to good social work. Below we introduce the papers in this special issue and flag questions for further discussion raised by these contributions.
- Published
- 2023
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