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Inefficient Evidence
2013
Social Science Research Network
Why set up evidentiary rules rather than allow factfinders to make decisions by considering all relevant evidence? This fundamental question has been the subject of unresolved controversy among scholars and policymakers since it was raised by Bentham at the beginning of the nineteenth century. This Article offers a surprisingly straightforward answer: An economically minded legal system that processes many cases must suppress all evidence that brings along a negative productivity-expense
doi:10.2139/ssrn.2199601
fatcat:in3tkj7qnfe6bnkyzhfw2vu77u