This paper aims to show the central role that higher-order evidence plays in an established cultural practice in our society, namely, legal cross-examination. First, we will show how legal cross-examination can be epistemologically reconstructed as an epistemic practice that has the higher-order defeat of a witness’ testimony as its main goal. Then, we will discuss how different paradigmatic cases of successful cross-examination arguably instantiate different mechanisms of higher-order defeat that have been described in the epistemological literature. We will argue that our analysis further demonstrates the significance of higher-order evidence as an epistemic phenomenon and provides a prima facie case for a pluralist view of higher-order defeat.

Higher-order evidence and legal cross-examination / De Benedetto, Matteo; Peruzzi, Edoardo. - In: SYNTHESE. - ISSN 1573-0964. - 207:(2026). [10.1007/s11229-026-05502-3]

Higher-order evidence and legal cross-examination

De Benedetto Matteo
;
2026

Abstract

This paper aims to show the central role that higher-order evidence plays in an established cultural practice in our society, namely, legal cross-examination. First, we will show how legal cross-examination can be epistemologically reconstructed as an epistemic practice that has the higher-order defeat of a witness’ testimony as its main goal. Then, we will discuss how different paradigmatic cases of successful cross-examination arguably instantiate different mechanisms of higher-order defeat that have been described in the epistemological literature. We will argue that our analysis further demonstrates the significance of higher-order evidence as an epistemic phenomenon and provides a prima facie case for a pluralist view of higher-order defeat.
2026
Higher-order evidence, Cross-examination, Legal epistemology, Higher-order defeat
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/20.500.11771/39498
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