This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
ACKNOWLEDGEMENTS PREFACE I. GROUNDWORK II. EPISTEMOLOGICAL COROLLARY III. UNDERSTANDING THE LAW OF EVIDENCE THROUGH PARADOXES OF RATIONAL BELIEF IV. EVIDENCE LAW: WHAT IS IT FOR? V. COST-EFFICIENCY VI. ALLOCATION OF THE RISK OF ERROR IN CRIMINAL TRIALS VII. ALLOCATION OF THE RISK OF ERROR IN CIVIL LITIGATION
Alex Steinis Professor of Law at the Benjamin N. Cardozo School of Law, New York.