The Causes of the Difficulty in the Verification of Expert Opinions Cover Image

Příčiny obtížné přezkoumatelnosti znaleckých posudků
The Causes of the Difficulty in the Verification of Expert Opinions

Author(s): Jiří Závora
Subject(s): Hermeneutics, Philosophy of Law, Sociology of Law
Published by: Univerzita Palackého v Olomouci
Keywords: expert opinion; verifiability; logical types; opinion structure; Daubert’s standard;

Summary/Abstract: This study proposes and justifies the change of the legal requirements on an expert’s opinion formal structure contents with regard to the upcoming new expert law. The author provides a hermeneutic analysis of the criteria and the approaches towards expert’s opinion quality evaluation in relation to the verifiability of expert conclusions. The study takes into consideration foreign approaches towards expert evidence evaluation. Particular attention is paid to the experience with the Daubert’s standard in the USA. The results of the semantic analysis revealed that causes of difficult verifiability of expert opinions lie in Bateson’s confusion of logical types.

  • Issue Year: 12/2017
  • Issue No: 1
  • Page Range: 120-149
  • Page Count: 30
  • Language: Czech