The Law of Evidence and the Practice of Theory
8 Pages Posted: 14 Feb 2015 Last revised: 16 Sep 2015
Date Written: September 1, 2015
This essay, presented at the University of Pennsylvania Law Review’s symposium on “The New Doctrinalism,” discusses Alex Stein’s article, “The New Doctrinalism: Implications for Evidence Theory.” Part I situates Stein’s claims and arguments within evidence theory more generally. Part II examines his methodology. Part III challenges one of the evidentiary principles that Stein defends (case specificity).
Keywords: evidence, proof, legal doctrine, probative value, methodology, Ronald Dworkin
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