Rethinking Evidence: Exploratory Essays

Overview

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 ...

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Overview

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.

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Editorial Reviews

Booknews
Reprint of the Basil Blackwell edition of 1990 (and still shown to be in-print at $59.95). Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9780810111424
  • Publisher: Northwestern University Press
  • Publication date: 2/28/1994
  • Pages: 407
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.00 (d)

Meet the Author

William Twining is Quain Professor of Juisprudence Emeritus at University College London, and a regular Visiting Professor at the University of Miami School of Law. His writings on evidence include Analysis of Evidence (2nd edn, Cambridge University Press 2005).

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Table of Contents

1 Introduction : the story of a project 1
2 Taking facts seriously 14
3 The rationalist tradition of evidence scholarship 35
4 Some scepticism about some scepticisms 99
5 Identification and misidentification in legal processes : redefining the problem 165
6 What is the law of evidence? 192
7 Rethinking evidence 237
8 Legal reasoning and argumentation 271
9 Stories and argument 280
10 Lawyers' stories 286
11 Narrative and generalizations in argumentation about questions of fact 332
12 Reconstructing the truth about Edith Thompson the Shakespearean and the jurist 344
13 The Ratio Decidendi of the parable of the prodigal son 397
14 Taking facts seriously - again 417
15 Evidence as a multi-disciplinary subject 436
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