The Concept of Future Fact-Finding in Law

Abstract This Article explores future fact-finding as a distinct subject of legal research. Usually, legal decision makers, such as judges, decide cases based on past or present facts. However, sometimes, legal norms oblige them to engage in future assessments. The Article argues that future fact-finding is fundamentally different from past or present fact-finding and should be treated as a separate legal phenomenon. It conceptualizes this practice in a legal context and sketches an initial theoretical framework for thinking about and engaging in future fact-finding. To do this, the Article draws on philosophical (epistemological) insights and applies a classical doctrinal method by examining positive law, case law, and doctrine.