Beschreibung
There is a vast legal literature concerning "probable cause" in the Fourth Amendment of the United States Constitution. However, the subject has eluded the attention of philosophers. In this work, I consider two issues concerning probable cause from a philosophical perspective. First, probable cause involves a certain degree of knowledge, and thus, it has an epistemic dimension. I conclude that probable cause is best understood as justified belief within a Contextual Theory of Knowledge. This conclusion points out the inadequacies of previous legal analyses of probable cause. Second, probable cause has a politico-moral dimension. I argue that probable cause is intended to protect individuals as the sources of sovereignty and their property from a Lockean perspective. These analyses should be of interest to philosophers of law, social and political philosophers, specialists in Constitutional law, practitioners of criminal law, and judges.
Autorenporträt
Darian C. DeBolt is a Professor of Philosophy who teaches logic, social and political philosophy, and ancient Greek at the University of Central Oklahoma. He has a B.A., M.A., and Ph.D. from The University of Oklahoma. He retired as a Captain from the Norman (OK) Police Department and is a graduate of the FBI National Academy.
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