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Journal article

Plainly wrong

Abstract:

English law and wider common law jurisprudence have endorsed the condition that an appellate court should reject a trial judge's finding of fact which it believes is “plainly wrong”. Courts have not explained what makes a finding plainly wrong, however. Scholars have largely ignored the issue. This article draws on recent work in epistemology to provide a new analysis of the plainly wrong standard. Rationally, a court should not believe both (1) that a judge is a better fact finder and (2) th...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1111/1468-2230.12756

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Institution:
University of Oxford
Division:
SSD
Department:
Law
Oxford college:
Brasenose College
Role:
Author
Publisher:
Wiley Publisher's website
Journal:
Modern Law Review Journal website
Volume:
86
Issue:
1
Pages:
122-143
Publication date:
2022-07-25
Acceptance date:
2022-05-23
DOI:
EISSN:
1468-2230
ISSN:
0026-7961
Language:
English
Keywords:
Pubs id:
1261391
Local pid:
pubs:1261391
Deposit date:
2022-05-28

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