Managing the Unknown: Why Fact-Finding Procedures Matter to Civil Justice
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Description
Managing the Unknown inquires into the legitimacy of judicial fact-finding in civil litigation. In deciding a case, judges must determine, authoritatively, “what happened?” based on whatever fragmented evidence is available. Given the inevitability of factual uncertainty, there is no guarantee of accuracy, only an assurance that the finding is “more likely than not” correct. On what basis, then, do we accept the authority of judicial fact-finding?
Probing key jurisprudential ideas, law professor Nayha Acharya outlines the crucial role of procedural integrity by showing that the legitimacy of legal outcomes, including factual findings, is rooted in the propriety of their underlying processes. To maintain legitimate authority, legal procedures must demonstrably respect human dignity which includes ensuring that we are treated as equal, autonomous agents. Accordingly, the legitimacy of fact-finding depends on a process that respects the autonomy and equality of legal subjects, which means it is a factually reliable and fully participatory model. By positing the centrality of process in the legitimacy of judicial fact-finding, and given that fact-finding is a central element of law practice, this book invites all legal players from students to practitioners to reflect deeply on their role in maintaining procedural integrity and rule of law.
ISBN
9781049801742
Publication Date
2026
Publisher
Irwin Law, University of Toronto Press
City
Toronto
Keywords
jurisprudence, procedural integrity, legal procedure, human dignity, autonomous agents, judicial fact-finding, rule of law
Disciplines
Civil Procedure | Rule of Law
Recommended Citation
Nayha Acharya, Managing the Unknown: Why Fact-Finding Procedures Matter to Civil Justice (Toronto: Irwin UTP, 2026).
Comments
“Nayha Acharya breaks new ground in this meticulously researched and theorized book, providing a thorough theoretical account of the fact-finding role of Canadian civil procedure. Acharya is careful to distinguish procedure from substance, and law from morality while refuting any stereotype that legal theory has little to say about procedural law or the judicial process’s fact-finding functions. Her work could not be more timely considering current proposed reforms to civil procedure in different parts of Canada.”
Gerard J. Kennedy, Associate Professor, Faculty of Law, University of Alberta
“Nayha Acharya offers a fresh and provocative philosophical perspective on fact-finding and adjudication. This beautifully written book creates an intriguing and insightful connection between legal theory and civil procedure.”
Noel Semple, Associate Professor, Faculty of Law, University of Windsor