This paper explores the dispute in the forensic community over whether there is (or ought to be) a distinction between resolutions of fact, resolutions of value and resolutions of policy. This dispute is informed by philosophical literature on the subject in this paper. The philosophical positions are applied to the dispute in NPDA, and the author sides with the distinction rather than the collapse of the distinction. Theoretical, rhetorical, and pragmatic implications are drawn from the analysis, and pedagogical recommendations are made.
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Swift, C. L.
This House Would Not Mix Burdens: The Conflation of Fact, Value, and Policy in NPDA.
Communication and Theater Association of Minnesota Journal, 39(1).