Intersentia has just published CH van Rhee and Alan Uzelac (eds), Truth and Efficiency in Civil Litigation: Fundamental Aspects of Fact-finding and Evidence-taking in a Comparative context (2012):
In the pursuit of justice, truth always
plays a prominent role. Few if any legal systems are willing to waive the right
to claim that the results of their legal processes are fair, just and above all
based on the truth. In most legal systems, elaborate rules on the taking of
evidence try to guarantee that an accurate, factual basis is used for the
application of the law. Such rules are the core of most methods of adjudication
and they are the main theme of the present volume, which focuses specifically on
the rules of evidence within the context of efficiency in civil proceedings.
This is not without a reason. Apart from the fact that a link between the
pursuit of truth and efficiency has been emphasised since the time of ancient
Rome, all legal systems must find the right balance between the amount of time
and money invested in the civil trial and the thoroughness of the proof-taking
stage in litigation. Obviously, a system of proof that can produce trustworthy
results is in need of considerable investment of time and resources, but the
amount of time available and resources is not without its limits. If a proper
balance between truth and the necessary time and resources cannot be found, the
whole process of litigation may be endangered.
In the pursuit of justice, truth always
plays a prominent role. Few if any legal systems are willing to waive the right
to claim that the results of their legal processes are fair, just and above all
based on the truth. In most legal systems, elaborate rules on the taking of
evidence try to guarantee that an accurate, factual basis is used for the
application of the law. Such rules are the core of most methods of adjudication
and they are the main theme of the present volume, which focuses specifically on
the rules of evidence within the context of efficiency in civil proceedings.
This is not without a reason. Apart from the fact that a link between the
pursuit of truth and efficiency has been emphasised since the time of ancient
Rome, all legal systems must find the right balance between the amount of time
and money invested in the civil trial and the thoroughness of the proof-taking
stage in litigation. Obviously, a system of proof that can produce trustworthy
results is in need of considerable investment of time and resources, but the
amount of time available and resources is not without its limits. If a proper
balance between truth and the necessary time and resources cannot be found, the
whole process of litigation may be endangered.
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