Foundations of Evidence Law

ISBN-13: 9780198257363 / Angielski / Twarda / 2005 / 264 str.

Alex Stein

Opis

This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.

Recenzje

[Foundations of Evidence Law] attempt[s] the monumental task of combining the contributions of the New Evidence Scholarship with those of doctrinal evidence lawyers and those who see evidence as encapsulating social values. Even works of partial synthesis are rarely encountered, and so Stein is to be congratulated on not only making an attempt to square the whole circle, but on making such a credible attempt. ... Stein has provided us with an extremely thoughtful and thought-provoking theory of evidence law. Both his objective and his conclusions are bold, and the reader is forced at every stage in the argument to consider whether she accepts the line that Stein takes, and why. Even if one does not accept that Stein's theory is uniquely correct, it is difficult not to accept that it is at least valid.

O autorze

Alex Stein is Professor of Law at the Benjamin N. Cardozo School of Law, New York.