Academics have never agreed on a theory of proof. The darkest corner of anyone’s theory has concerned how legal decisionmakers logically should find facts. This Article pries open that cognitive black box. It does so by employing multivalent logic, which enables it to overcome the traditional probability problems that impeded all prior attempts. The result is the first-ever exposure of the proper logic for finding a fact or a case’s facts.
Kevin M. Clermont,
A Theory of Factfinding: The Logic for Processing Evidence,
104 Marq. L. Rev. 351
Available at: https://scholarship.law.marquette.edu/mulr/vol104/iss2/4