The role of abductive reasoning in legal evidentiary reasoning: a practice-oriented perspective

Abstract

The article departs from an analysis and relativization of the sharp distinction between the context of discovery and the context of justification, originated in the philosophy of science of logical empiricism, but present as a presupposition of several studies on legal argumentation. Next, it analyzes the proposal to develop a logic of discovery for the context discovery, one of whose main tools would be abductive reasoning. Finally, it applies the scope of such discussion to legal evidential reasoning, developing the analysis of some cases.