Laudan, Stein, and the Limits of Theorizing About Juridical Proof

Abstract:     
Two new books by Alex Stein, Foundations of Evidence Law, and Larry Laudan, Truth, Error, and Criminal Law, are compared and contrasted. Each purports to analyze and critique the conceptual foundations of the evidentiary process. Although the authors agree on some points, they disagree fundamentally. Why such disparate conceptual efforts could come about is considered and discussed, and the limits of theorizing about matters as complicated as a litigation system is addressed.

Number of Pages in PDF File: 32

Keywords: evidence, procedure, criminal law, jurisprudence, economics, game theory, litigation

JEL Classification: K40, K41

Accepted Paper Series