Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 The Last Refuge of Scoundrels: The Problem of Truth in a Time of Lying Bernard E. Harcourt Columbia Law School,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Law and Politics Commons, and the Public Law and Legal Theory Commons Recommended Citation Bernard E. Harcourt, The Last Refuge of Scoundrels: The Problem of Truth in a Time of Lying, COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-628 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2520 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. THE LAST REFUGE OF SCOUNDRELS: THE PROBLEM OF TRUTH IN A TIME OF LYING Bernard E. Harcourt Paper prepared for NOMOS and presented at the 2019 conference of the American Society for Political and Legal Philosophy on “Truth and Evidence” at Princeton University on Friday, September 27, 2019 Draft: July 31, 2019 Electronic copy available at: https://ssrn.com/abstract=3433975 THE LAST REFUGE OF SCOUNDRELS: THE PROBLEM OF TRUTH IN A TIME OF LYING Bernard E. Harcourt1 Truth and evidence are questions so vast and eternal, interrogated for millennia, that one can hardly imagine having anything more to say about them or anything that could possibly contribute to human knowledge, especially in such a short essay. Hasn’t everything already been said about truth? Haven’t all the possible positions been fleshed out by now? The most brilliant minds, from Plato to Kant to Rorty, have toiled these fields before us, and, to be honest, we are hardly more advanced on the question of truth than were the Ancients.