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Relevance Through a Feminist Lens

This chapter evaluates and criticizes the established evidentiary rules and institutions through the lens of feminist theory. Contrary to accepted wisdom, the author argues that these rules and institution are neither epistemically neutral nor value-free. She develops this argument through the doctrine of relevance that determines whose stories are told and how they are told. These stories’ relevancy and veracity critically depend upon generalizations from experience or expertise that are irreducibly socialized. As such, they predominantly reflect the experiences of the white men acting as judges and comprising the vast majority of jurors, while silencing the experiences and voices of women and people of color. The author claims that understanding this contingency holds the potential for validating alternative ways of knowing and for expanding the process of arriving at truth.