David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
American Journal of Jurisprudence 49 (1):43-61 (2004)
Jeremy Bentham's powerful metaphor of Injustice, and her handmaid Falsehood reminds us, if we need reminding, that justice requires not only just laws, and just administration of those laws, but also factual truth - objective factual truth; and that in consequence the very possibility of a just legal system requires that there be objective indications of truth, i.e., objective standards of better or worse evidence... My plan [in this Olin Lecture in Jurisprudence, presented at Notre Dame law School, in October 2004] is to sketch some epistemological themes of mine, and explore their bearing on two familiar, radical epistemological criticisms of our legal system: (i) that an adversarial system is an epistemologically poor way of determining the truth; and (ii) that exclusionary rules of evidence are epistemologically undesirable. Neither criticism, I shall argue, is decisive; both, however, throw harsh light on disturbing aspects of the way our adversarial system actually functions.
|Keywords||Epistemology Philosophy of law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
Frederick Schauer (2008). In Defense of Rule-Based Evidence Law – and Epistemology Too. Episteme 5 (3):pp. 295-305.
Susan Haack (2012). The Embedded Epistemologist: Dispatches From the Legal Front. Ratio Juris 25 (2):206-235.
Douglas Walton & Nanning Zhang (2013). The Epistemology of Scientific Evidence. Artificial Intelligence and Law 21 (2):173-219.
Similar books and articles
Andrew C. Stumer, Book Review: Ho, A Philosophy of Evidence Law: Justice in the Search for Truth. [REVIEW]
Ernest Sosa (1993). Epistemology, Realism, and Truth: The First Philosophical Perspectives Lecture. Philosophical Perspectives 7 (1):1-16.
Alex Stein (2005). Foundations of Evidence Law. Oxford University Press.
H. L. Ho (2008). A Philosophy of Evidence Law: Justice in the Search for Truth. Oxford University Press.
Brian Bix (2010). Will Versus Reason: Truth in Natural Law, Positive Law, and Legal Theory. In Kurt Pritzl (ed.), Truth: Studies of a Robust Presence. Catholic University of America Press.
Robert S. Summers (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497 - 511.
S. R. (1999). Formal Legal Truth and Substantive Truth in Judicial Fact-Finding -- Their Justified Divergence in Some Particular Cases. Law and Philosophy 18 (5):497-511.
Susan Haack (2007). On Logic in the Law: "Something, but Not All". Ratio Juris 20 (1):1-31.
Susan Haack (2009). Evidence and Inquiry: A Pragmatist Reconstruction of Epistemology. Prometheus Books.
Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).
Added to index2009-01-28
Total downloads28 ( #89,435 of 1,696,615 )
Recent downloads (6 months)3 ( #186,707 of 1,696,615 )
How can I increase my downloads?