Chapter

Evidence Law: What is it For?

Alex Stein

in Foundations of Evidence Law

Published in print August 2005 | ISBN: 9780198257363
Published online January 2010 | e-ISBN: 9780191711039 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257363.003.0004
Evidence Law: What is it For?

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This chapter examines the conventional evidence doctrine and criticizes it for insufficiently regulating adjudicative fact-finding. It levels a general opposition to free evaluation of evidence. It argues that the legal regulation of adjudicative fact-finding needs to be tightened, rather than scaled down. Specifically, evidence law should regulate the apportionment of risk of error in adjudicative fact-finding. This regulation should control two categories of decision: (1) allocation of the risk of error between parties, and (2) the trade-offs between the substantive cost of errors and the cost of fact-finding procedures that aim at avoiding those errors.

Keywords: evidence law; adjudicative fact-finding; evidence evaluation; risk of error

Chapter.  16175 words. 

Subjects: Jurisprudence and Philosophy of Law

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