The Inference to the Best Legal Explanation (original) (raw)

Courts use inferences to the best explanation in many contexts and for a * Professor of Philosophy of Law, Edinburgh Law School. I am grateful to Luís Duarte d'Almeida for discussion on early drafts of this article and for comments by Eveline Feteris, John Gardner, Jaap Hage, Euan MacDonald, Neil Walker, and two anonymous OJLS referees. Earlier versions were presented at the Universities of Edinburgh, Maastricht, Pará, and Pompeo Fabra and the discussion in each of those occasions had a clear and positive impact on the final product. 1 [1991] 2 AC 548. 2 ibid 578. 3 ibid. 4 ibid at [G]. 5 ibid 578-579. 6 ibid 579 at [B]-[E].