Jump to ContentJump to Main Navigation
Foundations of Evidence Law$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 28 November 2020

Evidence Law: What is it For?

Evidence Law: What is it For?

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

Alex Stein

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .