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12 - Nothing Fancy

Some Simple Truths about Truth in the Law

Published online by Cambridge University Press:  05 August 2014

Susan Haack
Affiliation:
University of Miami
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Summary

The truth is too simple; one must always get there by a complicated route.

–George Sand.

The truth is rarely pure and never simple. Modern life would be very tedious if it were either.

–Oscar Wilde.

Truth is, at its core, quite a simple concept. At the same time, however, it is a concept mired in philosophical confusions. Moreover, on many questions the truth is complicated and subtle–hard to articulate, and difficult to discriminate from plausible falsehoods. And all this, as we shall see, is especially true of truth in the law.

The first step will be to clarify the distinction between truth (the property or phenomenon of being true) and truths (particular true claims), and to then to argue for my first thesis: that, though some propositions are true only at a given place or time, or are vague, or are only partially true, or, etc., truth itself isn’t relative, doesn’t come in degrees, and doesn’t decompose into parts, etc. (§1). The next will be to develop an approach to the understanding of truth along the lines of F. P. Ramsey’s, which will lead to my second thesis: that whatever the subject-matter of the proposition concerned, what it means to say that a proposition is true is the same–that it is the proposition that p, and p (§2). After that, I will explore the (deceptively simple-seeming) distinction between factual and legal truths, and argue for my third thesis: that legal truths, specifically truths about legal provisions, are a special sub-class of truths about social institutions, and make sense only relative to a jurisdiction and a time (§3).

Type
Chapter
Information
Evidence Matters
Science, Proof, and Truth in the Law
, pp. 294 - 324
Publisher: Cambridge University Press
Print publication year: 2014

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References

Peirce would propose instead a more realist, subjunctive formulation of the Pragmatic Maxim of Meaning, which would lead to a conception of truth as the opinion that would be believed were inquiry to continue indefinitely. Collected Papers, 5.457 (1905)
Reno, Janet, “Message from the Attorney General,” in Connors, Edward, Lundgren, Thomas, Miller, Neal, and McEwen, Tom, eds., Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence after Trial (Alexandria, VA: Institute for Law and Justice, June 1996)Google Scholar
Haack, Susan, “Of Truth, in Science and in Law,” Brooklyn Law Review 73, no. 3 (2007): 985–1008Google Scholar
Michigan Supreme Court, “Rule 702. Testimony by Experts” and “Staff Comment to 2004 Amendment,” in Michigan Rules of Court–State ([Eagan, MN?]: Thomson/West, 2008), 587Google Scholar
Novick, Sheldon, ed., Collected Works of Oliver Wendell Holmes (Chicago: University of Chicago Press, 1995)), vol. 3, 102–104

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  • Nothing Fancy
  • Susan Haack, University of Miami
  • Book: Evidence Matters
  • Online publication: 05 August 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139626866.013
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  • Nothing Fancy
  • Susan Haack, University of Miami
  • Book: Evidence Matters
  • Online publication: 05 August 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139626866.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Nothing Fancy
  • Susan Haack, University of Miami
  • Book: Evidence Matters
  • Online publication: 05 August 2014
  • Chapter DOI: https://doi.org/10.1017/CBO9781139626866.013
Available formats
×