David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
In a hypothetical case, Abraham, a wealthy Jewish businessman, is accused of a tax fraud but he denies the allegations. In his trial, the prosecution seeks to use statistical evidence which had been gathered and analysed with the utmost proficiency. According to these statistics, the probability of a person committing tax fraud is doubled if he is Jewish. The use of such evidence is obviously objectionable. The question is why this evidence should be excluded from court. This paper argues that it is very difficult for efficiency theories of law to provide a good justification for excluding this evidence. In contrast, corrective justice theories (e.g. Weinrib) are better placed to do so. If successful, this argument identifies an advantage of corrective justice theories over their efficiency competitors. It also identifies the limitations of the efficiency theories and highlights that they lead to some problematic consequences in evidence law, consequences which have so far been overlooked.
|Keywords||No keywords specified (fix it)|
|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
No citations found.
Similar books and articles
William L. Twining (1985). Theories of Evidence: Bentham and Wigmore. Stanford University Press.
Amit Pundik, Could There Be Any Epistemic Reason to Restrict the Use of Statistical Evidence in Court?
Steven N. Durlauf (2008). Affirmative Action, Meritocracy, and Efficiency. Politics, Philosophy and Economics 7 (2):131-158.
Kent W. Staley, Strategies for Securing Evidence Through Model Criticism: An Error-Statistical Perspective.
Hilary Greaves & Wayne C. Myrvold (2010). Everett and Evidence. In Simon Saunders, Jonathan Barrett, Adrian Kent & David Wallace (eds.), Many Worlds? Everett, Quantum Theory, and Reality. Oxford University Press.
Michael Strevens (2009). Objective Evidence and Absence: Comment on Sober. Philosophical Studies 143 (1):91 - 100.
Alex Stein (2005). Foundations of Evidence Law. Oxford University Press.
Added to index2009-01-28
Total downloads6 ( #201,886 of 1,098,844 )
Recent downloads (6 months)1 ( #286,682 of 1,098,844 )
How can I increase my downloads?