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Theory of Legal Evidence - Evidence in Legal TheoryTestimony and Hearsay

Theory of Legal Evidence - Evidence in Legal Theory: Testimony and Hearsay [While many epistemologists stress the importance of testimony, psychologists warn us about its dangers. In the legal domain testimony is usually accepted as evidence, with some restrictions compared to acceptance in everyday contexts. Additional restrictions apply to hearsay, and the traditional ban on hearsay in legal factfinding seems to support a reductionist view of testimony: testimony is valuable insofar as it is based on first-hand knowledge, that is, on perception reported as such, with no inference nor assessment by the declarant. However, contemporary legal systems are more liberal in the admission of hearsay, and this may count as an argument in favor of anti-reductionism.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Theory of Legal Evidence - Evidence in Legal TheoryTestimony and Hearsay

Part of the Law and Philosophy Library Book Series (volume 138)
Editors: Klappstein, Verena; Dybowski, Maciej
Tuzet, Giovanni
Theory of Legal Evidence - Evidence in Legal Theory — Jan 3, 2022
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Publisher
Springer International Publishing
Copyright
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021
ISBN
978-3-030-83840-9
Pages
205 –223
DOI
10.1007/978-3-030-83841-6_10
Publisher site
See Chapter on Publisher Site

Abstract

[While many epistemologists stress the importance of testimony, psychologists warn us about its dangers. In the legal domain testimony is usually accepted as evidence, with some restrictions compared to acceptance in everyday contexts. Additional restrictions apply to hearsay, and the traditional ban on hearsay in legal factfinding seems to support a reductionist view of testimony: testimony is valuable insofar as it is based on first-hand knowledge, that is, on perception reported as such, with no inference nor assessment by the declarant. However, contemporary legal systems are more liberal in the admission of hearsay, and this may count as an argument in favor of anti-reductionism.]

Published: Jan 3, 2022

Keywords: Evidence; Hearsay; Knowledge; Perception; Testimony

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