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Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens
Progress Is Our Only Product: Legal Reform And The Codification Of Evidence, Michael S. Ariens
Faculty Articles
Twentieth century reform of the American law of evidence was initially premised on the ideals of legal progressivism, ideals splintered by American legal realism. In preparing the American Law Institute's Model Code of Evidence from 1939 to 1942, Harvard Law School professor Edmund M. Morgan attempted to reconstitute the framework of reform in light of the challenge of legal realism. The Model Code was based on granting greater discretion to the trial judge and changing the goals of the trial from a search for truth to a "rational" resolution of disputes.
Morgan’s decision to emphasize the rational resolution of disputes …
The Law Of Evidence And The Idea Of Progress, Michael S. Ariens
The Law Of Evidence And The Idea Of Progress, Michael S. Ariens
Faculty Articles
To ask the question, “Does evidence law matter?,” is often to assume that some sets or groups of people believe it is important while others are challenging that view. However, another assumption regarding the nature of this question is possible—that the question is asked because legal academics believe that evidence law both does and does not matter, and that those academics also believe that these are irreconcilable beliefs. What is of particular interest is how legal academics reached this point and why they believe that evidence law both does and does not matter.
Consideration of these aspects of evidence law …