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

32 Pages Posted: 2 Feb 2010

Date Written: 2010

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.

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

JEL Classification: K40, K41

Suggested Citation

Allen, Ronald Jay, Laudan, Stein, and the Limits of Theorizing About Juridical Proof (2010). Law and Philosophy, Vol. 29, No. 2, p. 195, 2010. Available at SSRN: https://ssrn.com/abstract=1033103

Ronald Jay Allen (Contact Author)

Northwestern University Law School ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

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