Epistemic and Non-epistemic Aspects of the Factfinding Process in Law

Legislators, regulators, and judges attempt to create factfinding processes that integrate both epistemic and non-epistemic goals. Moreover, the rule of law requires that those factfinding processes be principled, equitable, and reasonably transparent. This complex endeavor therefore produces some of the best-documented examples of societal factfinding. This essay analyzes the major decisional elements in such factfinding processes, with attention to common sub-tasks, distinct decision makers, and points of divergence for institutional procedures and safeguards.