Rethinking evidence : exploratory essays
著者
書誌事項
Rethinking evidence : exploratory essays
（Law in context）
Cambridge University Press, 2006
2nd ed
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注記
"First published 1990 by Basil Blackwell"--T.p. verso
Includes bibliographical references (p. 457-492) and index
内容説明・目次
内容説明
The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.
目次
- Preface
- 1. Introduction: The story of a project
- 2. Taking facts seriously
- 3. The rationalist tradition of evidence scholarship
- 4. Some scepticism about some scepticisms
- 5. Identification and misidentification in legal processes: redefining the problem
- 6. What is the law of evidence?
- 7. Rethinking evidence
- 8. Legal reasoning and argumentation
- 9. Stories and argument
- 10. Lawyers' stories
- 11. Narrative and generalizations in argumentation about questions of fact
- 12. Reconstructing the truth about Edith Thompson: the Shakespearean and the Jurist (with R. Weis)
- 13. The ratio decidendi of the parable of the prodigal son
- 14. Taking facts seriously - again
- 15. Evidence as a multi-disciplinary subject.
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