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Law in Context: Rethinking Evidence, Exploratory Essays, 2nd Edition

Law in Context: Rethinking Evidence, Exploratory Essays, 2nd Edition

Name: Law in Context: Rethinking Evidence, Exploratory Essays, 2nd Edition
Brand: Cambridge University Press
SKU: 9780521675376
Price: 806.91 HKD
Availability: OutOfStock
Author: William Twining
ISBN: 9780521675376

By William Twining

Cambridge University Press May 2006

Specifications

ISBN-13: 9780521675376
Publisher: Cambridge University Press
Publication: May 2006
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

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 new chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

Contents:: 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.