Evidence and Proof in Scotland: Context and Critique

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