David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
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Episteme 5 (3):pp. 295-305 (2008)
Ever since Jeremy Bentham wrote his scathing critique of the law of evidence, both philosophers and legal scholars have criticized the exclusionary rules of evidence, arguing that formal rules excluding entire classes of evidence for alleged unreliability violate basic epistemological maxims mandating that all relevant evidence be considered. Although particular pieces of evidence might be excluded as unreliable, they argue, it is a mistake to make such judgments for entire categories, as opposed to making them only in the context of particular pieces of evidence offered for specific purposes. This paper challenges these claims, arguing that rule-based exclusions serve similar purposes to those served by rules in rule-consequentialist moral theories, and that, even more importantly, they are entirely consistent with the exclusionary nature of legal rules in general. Indeed, once we see the role that exclusionary rules might serve in legal epistemology, we can see that they might have a role to play in epistemic appraisal more generally.
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References found in this work BETA
Alvin I. Goldman (1986). Epistemology and Cognition. Harvard University Press.
R. M. Hare (1981). Moral Thinking: Its Levels, Method, and Point. Oxford University Press.
Brad Hooker (2000). Ideal Code, Real World: A Rule-Consequentialist Theory of Morality. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Jaegwon Kim (1988). What is "Naturalized Epistemology?". Philosophical Perspectives 2:381-405.
Citations of this work BETA
Hock Ho (2011). Paul Roberts and Adrian Zuckerman: Criminal Evidence. [REVIEW] Criminal Law and Philosophy 5 (2):225-229.
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