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Foundations of Evidence Law - Oxford Scholarship Online
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Foundations of Evidence Law

Alex Stein


This book examines systematically the underlying theory of evidence in Anglo-American legal systems and identifies the defining characteristics of adjudicative fact-finding. The book develops an 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 it argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty. The book begins by identifying the domain of evidence law. It then describes ... More

Keywords: Anglo-American legal systems, fact-finding, truth, risk of error, conditions of uncertainty, maximal individualization, allocating risk, evidentiary rules

Bibliographic Information

Print publication date: 2005 Print ISBN-13: 9780198257363
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198257363.001.0001


Affiliations are at time of print publication.

Alex Stein, author
Professor of Law, Benjamin N. Cardozo School of Law, New York