The Nature and Purpose of Evidence Theory" 
Vanderbilt Law Review, Forthcoming 2013
U of Alabama Public Law Research Paper No. 2060340
Vanderbilt Law Review, Forthcoming 2013
U of Alabama Public Law Research Paper No. 2060340
MICHAEL S. PARDO, University of Alabama School of Law
Email: mpardo@law.ua.edu
The past few decades have seen an explosion in theoretical and empirical scholarship exploring the law of evidence. From a variety of disciplines and distinct methodological perspectives, this work has illuminated important issues regarding types of evidence, legal rules and doctrine, the reasoning processes of judges and juries, the structure of proof, and the normative considerations underlying these various issues. This Article takes up the theoretical project writ large. Exploring the landscape of evidence scholarship, the Article examines a number of methodological and meta-theoretical questions: What would a successful evidentiary theory look like? By what criteria should assess such a theory? What is the purpose of such theorizing? What is the relationship between the theoretical and empirical projects? In exploring these questions, the Article identifies criteria by which to evaluate theorizing in this area.
To that end, the Article first identifies two considerations that underlie any theoretical account of the evidentiary proof process and its components: factual accuracy and allocating the risk of erroneous decisions. Next, it articulates and defends general criteria by which to evaluate theoretical accounts in evidence scholarship in light of these considerations. Finally, it applies the general criteria to evaluate two theoretical accounts — a probabilistic conception and an explanatory conception — and concludes that the probabilistic conception fails and the explanatory conception succeeds in light of the theoretical criteria. Along with clarifying evidence theory, the Article also clarifies the relationship between theoretical and empirical scholarship in this area.
&&&&&
PT: A better title might have been: "The Natures [sic] and Purposes of Evidence Theory." See, e.g., P. Tillers, Trial by Mathematics - Reconsidered & P. Tillers, Are There Universal Principles or Forms of Evidential Inference?
Cf. P. Tillers, The Structure and the Logic of Proof in Trials
Email: mpardo@law.ua.edu
The past few decades have seen an explosion in theoretical and empirical scholarship exploring the law of evidence. From a variety of disciplines and distinct methodological perspectives, this work has illuminated important issues regarding types of evidence, legal rules and doctrine, the reasoning processes of judges and juries, the structure of proof, and the normative considerations underlying these various issues. This Article takes up the theoretical project writ large. Exploring the landscape of evidence scholarship, the Article examines a number of methodological and meta-theoretical questions: What would a successful evidentiary theory look like? By what criteria should assess such a theory? What is the purpose of such theorizing? What is the relationship between the theoretical and empirical projects? In exploring these questions, the Article identifies criteria by which to evaluate theorizing in this area.
To that end, the Article first identifies two considerations that underlie any theoretical account of the evidentiary proof process and its components: factual accuracy and allocating the risk of erroneous decisions. Next, it articulates and defends general criteria by which to evaluate theoretical accounts in evidence scholarship in light of these considerations. Finally, it applies the general criteria to evaluate two theoretical accounts — a probabilistic conception and an explanatory conception — and concludes that the probabilistic conception fails and the explanatory conception succeeds in light of the theoretical criteria. Along with clarifying evidence theory, the Article also clarifies the relationship between theoretical and empirical scholarship in this area.
&&&&&
PT: A better title might have been: "The Natures [sic] and Purposes of Evidence Theory." See, e.g., P. Tillers, Trial by Mathematics - Reconsidered & P. Tillers, Are There Universal Principles or Forms of Evidential Inference?
Cf. P. Tillers, The Structure and the Logic of Proof in Trials
The dynamic evidence page
Evidence marshaling software MarshalPlan
1 comment:
John F. Sowa writes, http://www.jfsowa.com/talks/goal.pdf:
In the _Tractatus_, Wittgenstein assumed that the world is the model.
If there is exactly one world, there is exactly one model, there is exactly one ontology, and any approximation is false or meaningless.
Engineers are cynical, but realistic:
“All models are wrong. Some are useful.”
Post a Comment