This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor also raises issues such as the philosophical basis for the use of evidence.
Inhaltsverzeichnis
- Preface
- Table of Works Represented, with Abbreviations Used
- Evidence, Proof, and Facts: Introductory Essay
- 1: The Concept of Evidence and the Law of Evidence
- SECTION 1: WHAT IS EVIDENCE?
- Bentham, Rationale
- Schum, Foundations
- SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE
- Thayer, Preliminary Treatise
- Holdsworth, History
- Twining, Rethinking Evidence
- SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED?
- Bentham, Rationale
- Stephen, Report
- SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM
- Twining, Theories
- 2: Logic and Rhetoric
- SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM
- Aristotle, Topics
- Aristotle, Prior Analytics
- Mill, System
- SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD
- Bacon, Novum Organum
- Hume, Enquiry
- Schum, Foundations
- SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE
- Schmidt, The Influence of the Legal Paradigm on the Development of Logic
- Mill, System
- SECTION 4: LOGICAL FALLACIES
- Mill, System
- SECTION 5: DIALECTIC AND RHETORIC
- Aristotle, The Art of Rhetoric
- Plato, Gorgias
- Plato, Phaedrus
- 3: Judicial Reasoning About Facts
- SECTION 1: RELEVANCE
- Stephen, Digest
- US Federal Rule of Evidence 401
- Bentham, Rationale
- Schum, Foundations
- Keynes, Treatise
- SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE
- Bentham, Rationale
- SECTION 3: THE PROCESS OF JUDICIAL REASONING
- Thayer, Preliminary Treatise
- Wigmore, Science
- SECTION 4: PROBATIVE VALUE AND WEIGHT
- Bentham, Rationale
- Keynes, Treatise
- SECTION 5: GENERALIZATIONS
- Hume, Enquiry
- Bentham, Rationale
- Mill, System
- 4: Causation
- SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT
- Aristotle, Physics
- Locke, Essay
- Hume, Treatise
- Hume, Enquiry
- Mill, System
- SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE
- Hart and Honoré, Causation
- Schum, Foundations
- SECTION 3: LEGAL APPLICATIONS OF CAUSATION
- Hart and Honoré, Causation
- 5: The Standard of Proof
- SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF
- Cohen, The Probable and the Provable
- SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE
- Rhesa Shipping Co SA v. Edmunds (The Popi M)
- T.N.T. Management Pty. Ltd. v. Brooks
- Cohen, The Probable and the Provable
- SECTION 3: PROOF BEYOND REASONABLE DOUBT
- Shapiro, Beyond Reasonable Doubt
- Cohen, The Probable and the Provable
- SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF
- Kaplan, Decision Theory and the Factfinding Process
- Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process
- 6: Theories of Probability
- SECTION 1: PROBABILITY THEORIES GENERALLY
- Locke, Essay
- Hume, Treatise
- Bentham, Rationale
- Keynes, Treatise
- SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY
- Keynes, Treatise
- Eggleston, Evidence, Proof, and Probability
- SECTION 3: THE PRINCIPLE OF INDIFFERENCE
- Cohen, Introduction
- 7: Probability: Issues of Mathematics
- SECTION 1: MATHEMATICAL PROBABILITY CALCULUS
- Mill, System
- Schum, Foundations
- Cohen, Introduction
- SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE
- Schum, Foundations
- Bayes, Essay
- SECTION 3: MATHEMATICS IN THE COURTROOM
- People v. Collins
- R v. Adams (No. 2)
- 8: Probability: Mathematical and Non-Mathematical Models
- SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS
- Mill, System
- Keynes, Treatise
- Cohen, Introduction
- Cohen, The Probable and the Provable
- SECTION 2: PASCAL OR BACON? THE GREAT DEBATE
- Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process
- Kaye, The Laws of Probability and the Laws of the Land
- 9: Alternative Epistemologies of Evidence
- SECTION 1: CHANCE AND ACAUSAL CONNECTIONS
- Aristotle, Physics
- Mill, System
- SECTION 2: THE OLDER MODES OF PROOF
- Holdsworth, History
- Hammurabi, Code
- Manu, Laws
- Supakar, The Law of Evidence in Ancient India
- SECTION 3: A WOMAN'S PERSPECTIVE
- Harmon, Etchings on Glass
- APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE
- Wigmore, The Problem of Proof
- APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS
- Index
