Revelation and the rules of evidence
Dallin Oaks at Harvard Law School
Late last month the LDS Newsroom posted the full text of an address Elder Dallin H. Oaks gave at Harvard Law School. I was looking forward to reading what Elder Oaks had to say, and was gratified that the Newsroom provided the full text rather than excerpts or sound bites. I was initially disappointed that Elder Oaks’ speech wasn’t more legally substantive, but then I realized that this is part of the annual Mormonism 101 lecture series, and legal analysis wasn’t the point. Elder Oaks did, however, use a legal metaphor I had never previously considered:
We are all familiar with official use of certified copies of legal documents like a death certificate or an honorable discharge from military duty. The official certificate allows such copies to be accepted as if they were originals. This practice is based on the fact that anyone who doubts the authenticity of the certified copy can verify its authenticity by going to the original. So it is with the prophetic revelations of prophets of God. They are the certifying authorities that their teachings or directions are from God. Anyone who doubts this—and all are invited to ask questions about what is true—can verify the authenticity and content of the message by checking it with the Ultimate Source, by personal revelation. As Joseph Smith taught, “We never can comprehend the things of God and of heaven, but by revelation” (citation omitted).
I never considered personal revelation to be anything like certified copies, but it’s not a bad way of explaining the principle to a bunch of lawyer-types. If you find yourself thinking about FRE 902(4) during a moment of prayer, Elder Oaks is to blame.
As a final note, I think Elder Oaks gets bonus points for making a Conan O’Brien reference and quoting Bill & Ted’s Excellent Adventure in a single talk. Bravo.
