An edition of Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts (2013)

Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts

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August 22, 2020 | History
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An edition of Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts (2013)

Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts

by

  • 0 Ratings
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  • 0 Have read

This book uses legal philosophy to analyse the transformation of the rules of evidence in English courts. Issues such as adverse inferences from silence, fundamental rights of defendants, double jeopardy, public interest immunity and expert evidence and mathematical proof are critically assessed with a view to showing that the proliferation of statutes on evidence in English courts, the wide discretionary powers vested in judges to admit all types of evidence raise serious issues of justice and ‘open impartiality’ as distinct from ‘close impartiality’.

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Marketing and Law

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Cover of: Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts
Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts
2013, Bookboon.com
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Book Details

Table of Contents

Content
1. Introduction
1.1. Demosthenes, Cicero and the rationalist tradition
1.2. Theories of evidence
1.3. Legal philosophy and the rationalist tradition
1.4. Guide to readers
2. The presumption of innocence and adverse inferences from silence
2.1. Introduction
2.2. The presumption of innocence: the marcescent Woolmington principle
2.3. Adverse inferences from silence
2.4. European Convention Jurisprudence and Commonwealth Paradigms Re-Examined
3. Protecting vulnerable witnesses: summum ius summa iniuria
3.1. Introduction
3.2. The principle of orality
3.3. False-memory
3.4. Sexual History Evidence or the slagging-off of the complainant in rape cases
3.5. Special Measures and Judicial Discretion
3.6. Summary and Conclusion
4. Double jeopardy and similar fact evidence
4.1. Introduction
4.2. The extent to which double jeopardy protects an accused from further proceedings based on same factual situation
4.3. The impact of the CJA 2003 on the Principle of Double Jeopardy and Similar Fact Rule
4.4. Double Jeopardy and Reopening of Final Acquittals
4.5. Summary and Conclusion
5. Identification evidence: old problems, new solutions
5.1. Introduction
5.2. Causes Célèbres and the Turner rule
5.3. Failure of courts to prescribe rigorous rules for scrutinizing scientific opinion evidence
5.4. Conclusion
6. Public interest immunity, privilege and liberty rights: Hohfeld’s analysis re-examined
6.1. Introduction
6.2. Theories of unimpeded access to justice
6.3. Conclusion
7. Expert evidence and mathematical proof
7.1. Introduction
7.2. The Pascal/Bayes School of Probability and Uncertainty
7.3. The Bacon/Mill/Cohen School of Inductive Probability
7.4. The Shafer/Dempster School of Non-additive Beliefs
8. The Scandinavian School of Evidentiary Value
9. Conclusion
10. Epilogue: the future
10.1. What is wrong with the English adversarial system of justice?
10.2. Free proof and the adversarial system of justice: the final words
11. List of Abbreviations
12. Endnotes

ID Numbers

Open Library
OL25674475M
ISBN 13
9788776816858

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Download catalog record: RDF / JSON / OPDS | Wikipedia citation
August 22, 2020 Edited by ISBNbot2 normalize ISBN
May 5, 2015 Edited by Alice Kirk Edited without comment.
May 5, 2015 Edited by Alice Kirk Added new cover
May 5, 2015 Created by Alice Kirk Added new book.