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Vol 21 No 11 Nov/Dec 2016

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Evidence and Proof

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ISBN13: 9781855212329
ISBN: 1855212323
Published: June 1992
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



This collection of articles on matters of evidence and proof in law covers topics such as: logic and proof; law, fact and value; the law of evidence - its nature and scope; basic concepts of the law of evidence; burdens of proof and presumptions; and the protection of the accused.

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Subjects:
Evidence
Contents:
Part 1 General: freedom of proof, Jonathan L. Cohen; facts, fictions and law - Bentham on the foundations of evidence, Gerald J. Postems; formal and empirical research on cascaded inference in jurisprudence, David A. Schum and Anne W. Martin.
Part 2 Logic of proof: general - ""the problem of proof"", John H. Wigmore; book review of C. Moore, ""A Treatise on Facts, or the Weight and Value of Evidence"", John H. Wigmore; free evaluation of evidence, Per Olof Ekelof; the probability debate - debating probabilities, William L. Twining; focusing on the defendant, Sir Richard Eggleston; the limits of the prepondernace of the evidence standard - justifiably naked statistical evidence and multiple causation, D. Kaye; liability and individualized evidence, Judith Jarvis Thompson; fact-scepticism - Jerome Frank's fact-skepticism and our future, Edmond Cahn.
Part 3 Law, fact and value: on brute facts, G.E.M. Anscombe; law, fact or justice?, Adrian A.S. Zuckerman.
Part 4 The law of evidence - its nature and scope: the modern law of evidence and its purpose, C.F. Chamberlyne; the canons of evidence - rules of exclusion or rules of use?, Philip McNamara; an approach to rules of evidence for non-jury cases, K.C. Davis; some difficulties in devising rules for dermining truth in judicial trials, Jack B. Weinstein.
Part 5 Basic concepts of the law of evidence: basic concepts of the law of evidence, J.L. Montrose; relevancy, probability and the law, George F. James.
Part 6 Burdens of proof and presumptions: burdens and standards of proof - the burden of proof, J.B. Thayer; presumption - on presumption, Edna Ullmann-Margalit.
Part 7 Auxiliary probative policy: stickperson hearsay - a simplified approach to understanding the rule against hearsay, M. Graham.
Part 7 Extrinsic probative policy: excessive sanctions for governmental misconduct in criminal cases, Richard A. Posner; the exclusionary rule, deterrence and Posner's economic analysis of law, Arval A. Morris.
Part 9 Protection of the accused: an attempt to update the law of evidence, Rupert Cross.