Legal scholars have not done a very good job of defining "evidence." However, if one looks to philosophical literature on the definition of evidence, one may not find much enlightenment there either. For example, the author of the entry Evidence (11 August 2006) in the online Stanford Encyclopedia of Philosophy seems to believe that evidence in legal proceedings consists mainly or exclusively of tangible things. Hence, for purposes of legal scholarship the discussion in the Stanford Encyclopedia seems to be a non-starter.
Sunday, March 30, 2008
What Is Evidence?
Legal scholars have not done a very good job of defining "evidence." However, if one looks to philosophical literature on the definition of evidence, one may not find much enlightenment there either. For example, the author of the entry Evidence (11 August 2006) in the online Stanford Encyclopedia of Philosophy seems to believe that evidence in legal proceedings consists mainly or exclusively of tangible things. Hence, for purposes of legal scholarship the discussion in the Stanford Encyclopedia seems to be a non-starter.
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