THE FORM OF REFORM: REVISITING THE CHOICE AMONG A CREED,A CODE,AND A CATALOGUE |
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| Authors: | Edward Imwinkelried |
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| Affiliation: | J. D. University of San Francisco, San Francisco, USA; Professor, University of California, Davis School of Law, Davis, California 95616. |
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| Abstract: | In the past, international Evidence law reformers have focused primarily on substantive evidentiary doctrines. However, for reforms to be effective, the courts and legislatures must state the revised doctrines in a form that promotes the overall objectives of the legal system. The basic choice facing reformers is among a creed identifying broad goals, a code stating flexible principles, and a catalogue prescribing detailed rules. In the past, especially in the United States, there was a consensus among Evidence scholars that the code format is preferable. However, if a key objective of a national legal system is to encourage pretrial disposition of cases, the courts and legislatures should give serious thought to utilizing a catalogue format. That format is especially attractive in the doctrinal areas such as privilege in which evidentiary rules are intended to affect primary behavior outside the courtroom. |
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| Keywords: | evidence reform evidence legislation evidence rules creed code catalogue |
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