University of Kentucky UKnowledge Law Faculty Scholarly Articles Law Faculty Publications Summer 1994 Logic and the Common Law Trial Richard H. Underwood University of Kentucky College of Law,
[email protected] Follow this and additional works at: https://uknowledge.uky.edu/law_facpub Part of the Legal Profession Commons, and the Litigation Commons Right click to open a feedback form in a new tab to let us know how this document benefits ou.y Recommended Citation Richard H. Underwood, Logic and the Common Law Trial, 18 Am. J. Trial Advoc. 151 (1994). This Article is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Scholarly Articles by an authorized administrator of UKnowledge. For more information, please contact
[email protected]. Logic and the Common Law Trial Notes/Citation Information American Journal of Trial Advocacy, Vol. 18, No. 1 (Summer 1994), pp. 151-199 This article is available at UKnowledge: https://uknowledge.uky.edu/law_facpub/261 Logic and the Common Law Trial Richard H. Underwoodt The only certain ground for discovering truth is the faculty of discriminat- ing false from true.... Otherwise, I can assure you, you will be led by the nose by anyone who chooses to do it, and you will run after anything they hold out to you, as cattle do after a green bough.' I. Introduction Throughout history, right up to the present day, there have been persistent, if somewhat contradictory, attempts by members of the legal guild to attribute to the practice of law some of the characteristics of religion and science.' Fortunately, references to the trial lawyer as "the priest in the [T]emple of [J]ustice" 3 have pretty much disappeared from the literature.