Volume 8 (2010)
Volume 3 (2005)
Most Downloaded Articles
- Comparative Observations on the Burden of Proof for Criminal Defences by Ho, Hock Lai
- Scientific Evidence in Europe -- Admissibility, Evaluation and Equality of Arms by Champod, Christophe and Vuille, Joëlle
- The Narrative Fallacy by Menashe, Doron and Shamash, Mutal E
- From Liberal Extremity to Safe Mainstream? The Comparative Controversies of Witness Preparation in the United States by Vasiliev, Sergey V.
- The Fourth Amendment's Exclusionary Rule: Blurring the Line Between Rule and Exception by Heffernan, Liz
Book Review: Ho, A Philosophy of Evidence Law: Justice in the Search for Truth
1Magdalen College, University of Oxford
Citation Information: International Commentary on Evidence. Volume 6, Issue 1, Pages –, ISSN (Online) 1554-4567, DOI: 10.2202/1554-4567.1078, September 2008
- Published Online:
In A Philosophy of Evidence Law, Ho Hock Lai squarely confronts questions about the justification for the Anglo-American approach to the law of evidence, with all of its technicality and painstaking distinctions. Ho attempts to understand the justification for the rules of evidence from the viewpoint of a fact-finder one who is morally responsible for the decision made in an individual case. This is a scholarly, well-researched and thought provoking work, providing an excellent introduction to the theoretical underpinnings of evidence law. The strength of Ho's approach is that issues of fairness must be addressed first, before issues of social policy come into play. The result otherwise would be a criminal justice system that fails to meet the test of moral justification.