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A Philosophy of Evidence Law: Justice in the Search for Truth by Hock Lai Ho [Oxford University Press, Oxford, 2008; ISBN 978-0-19-922830-0; 340 pp (£50 p/hbk0]

Published online by Cambridge University Press:  21 October 2009

Stephen Mason
Affiliation:
Barrister.

Abstract

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Type
Book Reviews
Copyright
Copyright © 2009 British Institute of International and Comparative Law

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References

2 Epistemic rationality is discussed in chapter 3. For more on the topic, see R Foley, The Theory of Epistemic Rationality (Harvard University Press, Cambridge, 1987).

3 Docket number CR-04-93292; Superior Court, New London Judicial District at Norwich, GA 21; analysed in great detail in S Mason, (ed), International Electronic Evidence, (British Institute of International and Comparative Law, London 2008), xxxvi–lxxv.

4 Civil Procedure Rules 1.1:

  1. (1)

    (1) These Rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly.

  2. (2)

    (2) Dealing with a case justly includes, so far as is practicable:

    1. (a)

      (a) ensuring that the parties are on an equal footing;

    2. (b)

      (b) saving expense;

    3. (c)

      (c) dealing with the case in ways which are proportionate:

      1. (i)

        (i) to the amount of money involved;

      2. (ii)

        (ii) to the importance of the case;

      3. (iii)

        (iii) to the complexity of the issues; and

      4. (iv)

        (iv) to the financial position of each party;

    4. (d)

      (d) ensuring that it is dealt with expeditiously and fairly; and

    5. (e)

      (e) allotting to it an appropriate share of the court's resources, while taking into account the need to allot resources to other cases.