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Evidence and Proof in Scotland: Context and Critique

Evidence and Proof in Scotland: Context and Critique

Evidence and Proof in Scotland: Context and Critique

Author: Donald Nicolson
Publisher: Edinburgh University Press
ISBN: 9781474411998

Published In: February 2019
Format: Hardback
Jurisdiction: Scotland ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781474412001

S$327.60

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Description
Contents

Details

This is the first textbook to set the Scots law of evidence against a modern backdrop of legal thought and empirical research. It examines the non-legal dimensions of evidence and proof through the lens of legal philosophy, procedure, sociology, science and psychology to analyse the contexts that affect the handling of facts and the process of proof in Scotland. Drawing extensively on socio-legal research, the book provides an accurate picture of how fact-finding works in Scotland – giving students the foundation for a complete, critical and contextual understanding of Scots evidence law.

Key Features

Detailed, discursive and clearly written: designed for use on undergraduate evidence law courses in Scotland and by postgraduate students and researchers in the socio-legal contexts of the legal process
Examines the philosophical, procedural, sociological, scientific and psychological factors that influence the Scots law of evidence
Shows how these factors affect the purported aims of legal fact-finding: to ascertain truth and ensure justice through dealing rationally with evidence and proof

Preface

1. Introduction: Facts in Law

2. The Theoretical Context: Truth, Reason and Justice

3. The Procedural Context: Truth, Justice and Institutional Design

4. The Sociological Context: Truth, Justice and Institutional Practices

5. The Scientific Context: Truth, Reason and Expertise

6. The Psychological Context I: Witnesses and Truth

7. The Psychological Context II: Reason, Narrative and Proof

Afterword

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