1. Introduction
Author | David M. Paciocco - Lee Stuesser |
Profession | Justice of the Ontario Court of Justice - Professor of Law, Bond University |
Pages | 547-547 |
Page 547
The dominant theme in the law of evidence during the last quarter-century has been the unrelenting movement towards a principled or purposive approach. Fixed rules are now less apt to determine evidentiary issues, particularly those involving admissibility questions. Instead, the law has been structured so that broad standards are applied to the facts in question. Technicality is reduced. Context becomes everything. More sensible results can be achieved.
As sage as the movement to a principled, purposive approach is, there are important limits that should be placed on how much further things go. If we go too far, we lose the guidance and wisdom of the law. It is also important that the...
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