Text

The Fetishisation of Evidence

The amusing thing when people fetishise evidence as the foundation for their entire world-view is that evidence very often is capable of multiple interpretations.

If evidence presented clear and unambiguous meanings, we wouldn’t need lawyers. Nor would we need appeals. Cross-examination would become a relatively mundane affair achievable by any lay person.

The only appeals that might exist, and the only scope for a lawyer’s continued existence, would be arguments on points of law.

But as it is, the lawyer is valued for his ability to present evidence in a particular way. It is the same reason the lawyer is often a despised figure. The vast majority of lawyers do not lie: their codes of ethics forbid it, and at any rate they do not need to. The dislike comes from the ability to present, in a compelling and credible manner, the evidence in a way that to an observer feels like it is completely different to their own interpretation.

We demand that both sides have lawyers because we know that a strong presentation of the evidence can be countered by an equally strong presentation of the same evidence another way. Moreover we never assume that such presentations reach anything approaching a proof. We simply choose a standard by which we may operate. The choosing of that standard, however, is fundamentally moral rather than epistemic.

Quote
"

Yesterday, a new Twitter account started sending out tweets containing details of what the user alleges are super-injunctions, including the case referred to by John Hemming on 26 April.

In referring to that case, the account publishes an address. An address which, if correct, is the home of a child.

In his desire to undermine the ‘secrecy’ of the family justice system, Hemming has, quite possibly, put a child at risk. It was reasonably foreseeable, given what is out there about this case, that someone would do this.

"

— Beneath the Wig

(Source: http)

Quote
"

I’m baffled by the prevalence of the belief among journalists that judges are bringing in a privacy law “by the back door”…

The reason I’m baffled is that the article 8 Convention right guaranteeing respect for private life was brought into our law in the full light of day through the large front door of the Houses of Parliament, in the Human Rights Act 1998. Newspaper editors were perfectly aware of it at the time – as proven by the fact that the press persuaded the government to insert what is now section 12, precisely to give them special protection from prior restraint in privacy cases.

"

Head of Legal

Tags: law privacy