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A Philosophy of Evidence Law: Justice in the Search for Truth
Contributor(s): Ho, H. L. (Author)

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 ISBN: 0199228302     ISBN-13: 9780199228300
Publisher: OUP Oxford
OUR PRICE: $128.25  

Binding Type: Hardcover - See All Available Formats & Editions
Published: May 2008
Qty:

Click for more in this series: Oxford Monographs on Criminal Law and Justice
Additional Information
BISAC Categories:
- Law | Jurisprudence
- Law | Evidence
- Law | Criminal Procedure
Dewey: 347.06
LCCN: 2008003527
Series: Oxford Monographs on Criminal Law and Justice
Physical Information: 1.1" H x 6.4" W x 9.3" L (1.55 lbs) 300 pages
Features: Bibliography, Dust Cover, Index, Table of Contents
 
Descriptions, Reviews, Etc.
Publisher Description:
The dominant approach to evaluating the law on evidence and proof focuses on how the trial system should be structured to guard against error. This book argues instead that complex and intertwining moral and epistemic considerations come into view when departing from the standpoint of a
detached observer and taking the perspective of the person responsible for making findings of fact. Ho contends that it is only by exploring the nature and content of deliberative responsibility that the role and purpose of much of the law can be fully understood. In many cases, values other than
truth have to be respected, not simply as side-constraints, but as values which are internal to the nature and purpose of the trial. A party does not merely have a right that the substantive law be correctly applied to objectively true findings of fact, and a right to have the case tried under
rationally structured rules. The party has, more broadly, a right to a just verdict, where justice must be understood to incorporate a moral evaluation of the process which led to the outcome. Ho argues that there is an important sense in which truth and justice are not opposing considerations;
rather, principles of one kind reinforce demands of the other. This book argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
 
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