Problems and Projects in the Theory (and Practice) of Evidence Law

Canadian Institute for the Administration of Justice, Forthcoming

University of Miami Legal Studies Research Paper No. 16-1

31 Pages Posted: 9 Jan 2016

See all articles by Susan Haack

Susan Haack

University of Miami - School of Law; University of Miami - Department of Philosophy

Date Written: 2015

Abstract

“As for the philosophers, they make imaginary laws for imaginary commonwealths; and their discourses are as the stars, which give little light, because they are so high,” Francis Bacon wrote in 1605. Even today, more than four centuries later, Bacon’s complaint still resonates. Now, as then, the writings of philosophers — even of philosophers of law, who might be expected to be a little more grounded in the real world — all too often “give little light, because they are so high.” I will show, however, that epistemological ideas really can illuminate real-life legal issues.

Keywords: Francis Bacon, epistemology, trial by oath, trial by ordeal, trial by combat, evidence law, evidentiary procedure, jury instructions, burdens and standards of proof, proof and probability, blue bus case, relevance

Suggested Citation

Haack, Susan, Problems and Projects in the Theory (and Practice) of Evidence Law (2015). Canadian Institute for the Administration of Justice, Forthcoming; University of Miami Legal Studies Research Paper No. 16-1. Available at SSRN: https://ssrn.com/abstract=2712477

Susan Haack (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-3541 (Phone)
305-284-6506 (Fax)

University of Miami - Department of Philosophy ( email )

P.O. Box 248054
Coral Gables, FL 33124-4670
United States

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