Journal Articles

REVIEW OF TRUTH, ERROR, AND CRIMINAL LAW: AN ESSAY IN LEGAL EPISTEMOLOGY, BY LARRY LAUDAN

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In 1966 the U.S. Supreme Court wrote, “The basic purpose of a trial is
the determination of truth.”1 This is Larry Laudan’s guiding premise in his
“essay on legal epistemology.” Without ascertaining the facts about a crime,
he writes, it is impossible to achieve justice, since a just resolution crucially
depends on correctly figuring out who did what to whom.2 Thus, he continues,
“it is entirely fitting to ask whether the procedures and rules that
govern a trial are genuinely truth-conducive.”3 In chapter 1 of the book,
Laudan identifies one of the most important and legitimate methods for
finding truth, namely, ensuring that the jury hears all and only relevant
evidence. Laudan bemoans the fact, however, that “legal texts and the practices
of courts routinely flout” this principle.4 Much of the rest of the book
is devoted to the other tests for admissibility that the system imposes, tests
that Laudan often regards as misguided.

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Detail Information

Series Title

Legal Theory

Call Number

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Publisher

United States : Cambridge University Press., 2009

Collation

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Language

English

ISBN/ISSN

1352-3252

Classification

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Content Type

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Media Type

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Edition

Volume 15, Number 1, March 2009, pp. 55-66

Subject(s)

REVIEW OF TRUTH, ERROR, AND CRIMINAL LAW

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