This chapter defines the characteristics of adjudicative fact-finding. It identifies and analyzes two fundamental problems — uncertainty and justification. It underscores the importance of best-evidence principle as an epistemic device for controlling evidence-selection. The chapter also identifies the epistemic criteria for determining the probabilities of the relevant factual scenarios on the evidence previously selected. These criteria are empirical; they include common sense, logic, and general experience. It analyzes the skeptical challenges to these criteria, which point to the impossibility of rational and justified fact-finding.
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