The Epistemology of Evidence Law

This book presents an array of thoughtful, critical and original inquiries into this intriguing subject matter. Doron Menashe, one of the leading experts in the world in evidence law, has dedicated his academic career, spanning over two decades to date, to exploring these essential questions. How is truth arrived at in the context of an adversarial proceeding? What are the underlying preconceptions of this endeavor? What are the common fallacies, prejudices and misconceptions that we must be aware of while pursuing the truth? Where and how does the process of legal fact-finding deviate from its stated ideals? Where and how does it simply fall short, inevitably, of these very ideals? Most important and central to Menashe's theory is the following question: in an imperfect system of fact-finding that is intrinsically prone to error, yet whose operation is imperative and vital nonetheless, what do the integrity and the validity of legal proof consist of? Consequently, how should fact finders in the legal context frame their expectations, their moral and intellectual efforts and their methods of evaluation and reasoning? --