Rethinking evidence : exploratory essays

著者

書誌事項

Rethinking evidence : exploratory essays

William Twining

Northwestern University Press, 1994

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注記

Originally published: Oxford, UK : Blackwell, 1990

Includes bibliographical references (p. [373]-391) and index

内容説明・目次

内容説明

Evidence, proof and probabilities, rationality, scepticism and narrative in legal discourse, and the reform of criminal evidence have all been the subject of lively debates in recent years. This book brings together seminal and new essays from a leading contributor to this new evidence scholarship. ""Rethinking evidence"" contains a series of linked essays which consider historical, theoretical and applied themes from a broad interdisciplinary perspective. It brings together well-known papers and also includes substantial new essays on the nature and scope of the law of evidence, lawyers' stories, and the case of Edith Thompson. The final chapter outlines a general perspective on the processing and uses of information in litigation as the basis for a broad interdisciplinary approach to the study of evidence in law. These readable and provocative essays represent a major contribution not only to legal theory but also to the general study of discourse about evidence in many disciplines.

目次

  • The story of a project
  • taking facts seriously
  • the rationalist tradition of evidence scholarship
  • some scepticism about some scepticisms
  • identification and misidentification in legal processes - redefining the problem
  • what is the law of evidence?
  • lawyers' stories
  • anatomy of a cause celebre - the case of Edith Thompson
  • Thompson and Wigmore - fresh evidence and new perspectives
  • the way of the baffled medic - prescribe first, diagnose later - if at all
  • rethinking evidence.

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