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Article
Rationalizing Hearsay: A Proposal for a Best Evidence Hearsay Rule
UF Law Faculty Publications
  • Michael L Seigel, University of Florida Levin College of Law
Document Type
Article
Publication Date
1-1-1992
Disciplines
Abstract

The enterprise of this article is the theoretical construction of an optimal solution to the hearsay conundrum. Its first task is the elucidation of the premises upon which a rational hearsay rule can be built. Thus, the article starts by exploring the relationship between hearsay doctrine and the foundation of all rational truth-seeking enterprises, inductive logic. The article continues with an examination of the relationship between hearsay evidence and trial dynamics, for a workable rule must take into account the actual functioning of our adversary system.'" This two-pronged analysis leads to the proposal of a "best evidence hearsay rule."

Citation Information
Michael L. Seigel, Rationalizing Hearsay: A Proposal for a Best Evidence Hearsay Rule, 72 B.U. L. Rev. 893 (1992), available at http://scholarship.law.ufl.edu/facultypub/310