Hamilton, Claire (2021) Interpreting change through legal culture: the case of the Irish exclusionary rule. Legal Studies, 41 (3). pp. 355-372. ISSN 0261-3875
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Abstract
The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an
important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed
the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world,
by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal
culture, drawing in particular on Lawrence Friedman’s distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman’s concept
and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as
well as macro level, in interrogating the cultural logics at work in judicial decision-making.
Item Type: | Article |
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Keywords: | criminal justice; law of evidence; DPP v JC; exclusionary rule; legal culture; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 17872 |
Identification Number: | 10.1017/lst.2021.3 |
Depositing User: | Claire Hamilton |
Date Deposited: | 21 Nov 2023 16:23 |
Journal or Publication Title: | Legal Studies |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/17872 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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