A Legisprudential Analysis of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be

Authors

Paul F. Kirgis, Alexander Blewett III School of Law at the University of MontanaFollow

Document Type

Article

Publication Date

Winter 2004

First Page

809

Volume

38

Issue

2

Source Publication Abbreviation

Loy. L.a. L. Rev.

Abstract

In this article, I will suggest standards for use in assessing a proposed codification. Although the standards I will identify are useful for evaluating a proposed codification of privilege law, they are also more generally applicable. Indeed, I will use them to examine the codification of evidence law in general. First, I will ask whether, as a normative matter, the law of evidence should be codified. I will then focus on the individual rules of evidence, most notably the privilege rules, to draw conclusions about whether those standards are met.

Recommended Citation

Kirgis, Paul F., "A Legisprudential Analysis of Evidence Codification: Why Most Evidence Rules Should Not Be Codified—But Privilege Law Should Be" (2004). Faculty Law Review Articles. 126.
https://scholarworks.umt.edu/faculty_lawreviews/126