Taking Notice: Judicial Notice and the 'Community Sense' in Anti-Poverty Litigation
40:2 UBC Law Review 559-589
31 Pages Posted: 31 Aug 2018
Date Written: 2007
The doctrine of judicial notice is part of the law of evidence that regulates how judges take into account facts that have not been proven by the parties through admissible evidence. Judicial notice is ambiguous with respect to practices of judgment that aim to incorporate information about the social context of law; it can both expand and foreclose opportunities to contest dominant assumptions or understandings of the world. Focusing on the specific context of anti-poverty litigation, I explore an approach to judicial notice that emerges from theories of judgment informed by the work of Hannah Arendt and developed in the context of Canadian law by Jennifer Nedelsky.
Keywords: Constitutional Law, Evidence Law, Theories of Judgment, Judicial Notice, Poverty and Law
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