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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