A philosophy of evidence law

Édition en anglais


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Offers a novel and distinctive cross-disciplinary perspective on the law of evidence, taking into account both moral and epistemic considerations Provides comparative analysis incorporating both theory and the substantive law from many jurisdictions Examines character evidence and hearsay - often analysed in the context of the risk of error, but rarely explored from a moral perspective 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

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