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Foundations of Evidence Law$
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Alex Stein

Print publication date: 2005

Print ISBN-13: 9780198257363

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780198257363.001.0001

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Evidence Law: What is it For?

Evidence Law: What is it For?

Chapter:
(p.107) 4 Evidence Law: What is it For?
Source:
Foundations of Evidence Law
Author(s):

Alex Stein

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198257363.003.0004

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

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