Abstract

In 1966 the U.S. Supreme Court wrote, “The basic purpose of a trial is the determination of truth.” This is Larry Laudan's guiding premise in his “essay on legal epistemology.” Without ascertaining the facts about a crime, he writes, it is impossible to achieve justice, since a just resolution crucially depends on correctly figuring out who did what to whom. Thus, he continues, “it is entirely fitting to ask whether the procedures and rules that govern a trial are genuinely truth-conducive.” In chapter 1 of the book, Laudan identifies one of the most important and legitimate methods for finding truth, namely, ensuring that the jury hears all and only relevant evidence. Laudan bemoans the fact, however, that “legal texts and the practices of courts routinely flout” this principle. Much of the rest of the book is devoted to the other tests for admissibility that the system imposes, tests that Laudan often regards as misguided.