The Institutional Design of Expert Evidence. Remarks on the Inferential Reasoning of Experts and Judicial Comprehension

Abstract

The judicial assessment of expert knowledge underlying expert evidence requires judges’ comprehension of the inferential reasoning im- plied. This presupposes that judges should control both the premises of the expert reasoning and the inferences drawn from them. This whole task should be done during the admissibility stage and in the course of the pres- entation of the evidence during the trial, looking for the basis of experts’ generalizations and assessing how they are applied to the specific case. In this scenario, the aim is to provide some tools in order for legal practition- ers and experts to build a dialogic practice allowing both of them to fulfill their obligations, especially those of the judges.