Error-Centricity, Habeas Corpus and the Rule of Law as the Law of Rulings

Abstract

This article begins with an historical observation, that until recently error was not considered a problem in criminal law. Today, however, an elaborate system of appellate courts and extraordinary means of post-conviction relief have been adopted to root out error from legal verdicts. This article asks what law's relatively newfound concern with error reveals about the changing nature of truth and justice in modern society. By asking how error comes to be understood within habeas corpus jurisprudence, the article explores the modern legal understanding of truth and justice as objectivity and fairness.