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Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions

Edited by: Jordi Ferrer Beltrán, Carmen Vázquez

ISBN13: 9781316516997
Published: May 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00

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This book offers a transnational perspective of evidentiary problems, drawing on insights from different systems and legal traditions. It avoids the isolated manner of analyzing evidence and proof within each Common Law and Civil Law tradition. Instead, it features contributions from leading authors in the evidentiary field from a variety of jurisdictions and offers an overview of essential topics that are of both theoretical and practical interest. The collection examines evidence not only as a transnational field, but in a cross-disciplinary context. Each chapter engages with the interdisciplinary themes cutting through the issues discussed, benefiting from the expertise and experience of their diverse authors.

1. Evidence as a multi-disciplinary field: What do the law and the discipline of law have to offer?
William Twining
2. New directions for evidence science, complex adaptative systems and a possibly unprovable hypothesis about human flourishing
Ronald J. Allen
3. The transformation of Chinese evidence theories and system: From objectivity to relevancy
Baosheng Zhang and Ping Yang
4. Truth finding and the mirage of inquisitorial process
Adrian A.S. Zuckerman
5. Evidential remedies for procedural rights violations: Comparative criminal evidence law and empirical research
Sarah Summers
6. Common law evidence and the common law of human rights: Towards a harmonic convergence?
John Jackson
7. Group-deliberative virtues and legal epistemology
Amalia Amaya
8. On probatory ostension and inference
Giovanni Tuzet
9. Inferences in judicial decisions about facts
Michele Taruffo
10. Silence as evidence
Hock Lai Ho
11. Sanctions for acts or sanctions for actors?
Frederick Schauer
12. From institutional to epistemic authority. Rethinking court-appointed experts
Carmen Vázquez
13. Latent justice: Fingerprint evidence and the limits of Adversarialism in England, Australia and New Zealand
Gary Edmond
14. Prevention and education: The path towards better forensic science evidence
Marina Gascón Abellán
15. Evidentiary practices and risks of wrongful conviction: An empirical perspective
Mauricio Duce J.
16. Burdens of proof and choice of law
Dale A. Nance
17. Is it possible to formulate a precise and objective standard of proof? Some questions based on an argumentative approach to evidence
Daniel González Lagier
18. Prolegomena to a theory of standards of proof: The test case for state liability for undue pre-trial detention
Jordi Ferrer Beltrán