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A PHILOSOPHY OF EVIDENCE LAW-HO

Author: Ho Hock Lai
SKU: 9780199228300

Kshs 8,750.00

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.

 

Format: Hardback 368 pages

Classifications: Classifications:

England, Wales, Ethics & moral philosophy, Jurisprudence & philosophy of law, Courts & procedure, Civil procedure: law of evidence

ISBN : 9780199228300

Published : 6 Mar 2008

Author : Ho Hock Lai

Language : English

Main Material : Hardback

Publisher : Oxford University Press

Size : 243 x 166 x 26 (mm)

Weight : 670g

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