Sunday, February 15, 2009

Some Matters That Influence the Law of Evidence and the Workings of Proof

The following general matters (among many others) influence the shape of the law of evidence:

Ignorance (incomplete knowledge of the world)
Uncertainty (inconclusive evidence & uncertain evidential inference)
Time (proof as temporal process, pretrial investigation, and the like)
Rhetoric (persuasion, advocacy, similar matters)
Scarcity (scarcity of resources, efficiency concerns)
Social values (culture [including, e.g., the value attached to "freedom"], similar matters)
Political concerns
Historical practice
Accident

Other variables might be listed in addition to or within the above classes of variables, constraints, purposes, "interests," etc. For example:

Religious beliefs
Social harmony
Crime reduction
Market efficiency
Family stability
Human mortality
Patriotism (nationalism, ethnocentrism, etc.)
etc.

the dynamic evidence page

coming soon: the law of evidence on Spindle Law

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