The House of David

"dawnbreak in the west"

Saturday, April 22, 2017

The Discovery rule

In a courtroom, at least in My Cousin Vinny, ethical standards require two tasks of each lawyer before the judge. First, the lawyer is expected to deliver the best case he can deliver based upon all the facts mutually-agreed upon. Second, if the lawyer has access to other facts, he's supposed to supply them - up front. This last is called "Discovery". At the endgame Vinny / Joe Pesci delivers a textbook summary to the judge on why evidence needs to be brought in full and brought early. (He's overruled, because drama and because funny.)

Lee Strobel broke the Discovery rule in Case for Christ; and here I've noted where the College Fix also broke this rule, and how Raymond Farrin is a serial offender as is perhaps Areej Zufari. [LATELY 4/23: Breitbart.] But I've also said the rule doesn't apply to Ronald Hendel nor to Michael Adams' victims. If Dr Handel is a one-sided teacher, some will ask - then doesn't he deserve to suffer a one-sided journalistic hit-job?

That would depend on what evidence was brought. If we're talking Hendel - again (the Turning Points guys still haven't got back to me) - we're looking at the Bible. Personally, I think the evidence that the Torah was composed all at once (or near enough) in the Jordanian desert in a thirteenth-century Canaani dialect to be... slim. I would bring it up as a possible solution. But I would also bring up the opposite solution: that the Torah, like several Psalms, glorify Hasmonaean Jerusalem. Somewhere between the two we have the Deuteronomic History and the archaic dialect of 1-4 Reigns.

Laying out the relevant facts would make up the content of any decent class, in this case on the Hebrew Scripture. What we don't do, is pipe up to insist otherwise before the evidence is even laid out. Even if the classroom were a courtroom (it is not), what is being presented is the full argument for the defence. We, students, get our turn toward the end with the essays.


posted by Zimri on 15:33 | link | 0 comments

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