Epistemology legalized: Or, truth, justice, and the american way

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)
DOI 10.1093/ajj/49.1.43
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 24,433
External links
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.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Monthly downloads

Added to index


Total downloads

37 ( #130,154 of 1,925,064 )

Recent downloads (6 months)

3 ( #254,993 of 1,925,064 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.