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    LoyalLoyalJusticeJustice
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    Formal rules must be followed even when doing so might no... — Carmelics
    Home/Justice & Punishment
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    Supports→A rule-based approach to admissibility of evidence will not undermine the aim of rectitude of decision in the long run

    Formal rules must be followed even when doing so might not serve the background reason for the rule in a particular case

    ConsequentialismJustice & Punishment
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    Justice & PunishmentConsequentialism

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    A rule-based approach to admissibility of evidence will not undermine the aim of...Given the imperfection of human reason and suspicion about fact-finder reasoning...Having triers of fact follow rules on certain matters instead of exercising case...If hearsay evidence is generally unreliable, excluding it without regard to reli...

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    Even if we agree with Bentham that rectitude of decision is the aim of legal procedure and that achieving accuracy in fact-finding is necessary to attain this aim, it is not obvious that a rule-based approach to admissibility will undermine this aim in the long run. Schauer has defended exclusionary rules of evidence along a rule-consequentialist line. Having the triers of fact follow rules on certain matters instead of allowing them the discretion to exercise judgment on a case-by-case basis ma

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