Interdisciplinary Trends in Evidence Scholarship

79 Pages Posted: 22 Aug 2005  

Roger C. Park

University of California Hastings College of the Law

Michael J. Saks

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Date Written: August 2005

Abstract

In recent decades, evidence law scholarship has taken on what appears to be a permanent interdisciplinary aspect. Doctrinal scholarship on evidence is in steep decline, having been replaced by inquiries of other kinds. In pondering the wisdom and purpose of evidence doctrine, and in formulating rules, jurists and scholars have, no doubt, always thought about background facts and theories which today, certainly, can be recognized as falling within the domains of fields outside of law. In recent times the links to those other fields have become more explicit and more numerous. We discuss where these connections have come from and suggest where they might be headed.

In this article we review five of those interdisciplinary junctions. Three of them seem to be established, enduring intersections of evidence scholarship and other fields: psychology (Part I), forensic science (and perhaps science more generally) (Part II), and the "new evidence scholarship" (the application of formal understandings of probability and proof) (Part III). And we look at two important newcomers to the world of interdisciplinary evidence scholarship: feminist studies (Part IV) and economics (Part V).

Suggested Citation

Park, Roger C. and Saks, Michael J., Interdisciplinary Trends in Evidence Scholarship (August 2005). Available at SSRN: https://ssrn.com/abstract=783824 or http://dx.doi.org/10.2139/ssrn.783824

Roger C. Park (Contact Author)

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States
415-565-4632 (Phone)

Michael J. Saks

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ 85287-7906
United States

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