In defense of rule-based evidence law – and epistemology too

Episteme 5 (3):pp. 295-305 (2008)
Abstract
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
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.3366/E1742360008000403
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 30,224
Through your library
References found in this work BETA
Epistemology and Cognition.Alvin I. Goldman - 1986 - Harvard University Press.
Moral Thinking: Its Levels, Method, and Point.R. M. Hare (ed.) - 1981 - Oxford: Oxford University Press.
What is "Naturalized Epistemology?".Jaegwon Kim - 1988 - Philosophical Perspectives 2:381-405.

View all 13 references / Add more references

Citations of this work BETA
Paul Roberts and Adrian Zuckerman: Criminal Evidence. [REVIEW]Hock Ho - 2011 - Criminal Law and Philosophy 5 (2):225-229.

Add more citations

Similar books and articles
Added to PP index
2009-01-28

Total downloads
40 ( #132,829 of 2,192,001 )

Recent downloads (6 months)
2 ( #144,930 of 2,192,001 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature