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  1. Alex Stein (2008). On the Epistemic Authority of Courts. Episteme 5 (3):pp. 402-410.
    This paper uses Carl Ginet's concept of “disinterested justification” to identify the boundaries of the epistemic authority of courts. It claims that courts exercise this authority only in the “interest-free” zone, in which their determinations of disputed facts’ probabilities can be made and justified on epistemic grounds alone. This is not the case with the “interest-laden” domain, where courts allocate risks of error under conditions of uncertainty. This domain is controlled by the risk-allocating evidentiary rules: burdens of proof, corroboration, hearsay, (...)
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  2. Alex Stein (2005). Foundations of Evidence Law. Oxford University Press.
    This is the first book to systematically examine the underlying theory of evidence in Anglo-American legal systems. Stein develops a detailed and innovative theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth. Combining probability theory, epistemology, economic analysis, and moral philosophy, he argues instead that the fundamental purpose of evidence law is to apportion the risk of error in conditions of uncertainty.
     
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  3. Ariel Porat & Alex Stein (2003). Indeterminate Causation and Apportionment of Damages: An Essay on Holtby, Allen, and Fairchild. Oxford Journal of Legal Studies 23 (4):667-702.
    Holtby, Allen and Fairchild are both recent and revolutionary decisions that address an important aspect of the indeterminate causation problem that frequently arises in tort litigation. In Holtby and Allen, the Court of Appeal departed from the traditional binary approach, under which a tort claimant either recovers compensation for his or her entire injury or is altogether denied recovery—depending on whether his or her case against the defendant is more probable than not. Holtby and Allen substituted this approach by the (...)
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  4. William L. Twining & Alex Stein (eds.) (1992). Evidence and Proof. New York University Press.
    This volume brings together leading theoretical writings on legal fact-finding which are dispersed and not readily accessible.
     
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