Document Type
Article
Publication Date
1-1998
Abstract
This Symposium on Truth and Its Rivals seems most concerned with what one might think of as the "output" side of evidence law that is, whether the rules of evidence enhance the likelihood that trial verdicts will capture the true state of the matter giving rise to the litigation. From this perspective, the legitimate rivals to truth are values that may justify decisions that eclipse the truth. The most obvious examples are rules of privilege, which allow probative information to remain concealed even where it is essential to accurate fact finding.
Recommended Citation
Lempert, Richard O. "Built on Lies: Preliminary Reflections on Evidence Law as an Autopoietic System." Hastings Law Journal 49, no. 2 (1998): 343-357. (Symposium: Truth and Its Rivals: Evidence Reform and the Goals of Evidence Law.)