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 Solomon E. Salako
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Last edited by Alice Kirk
September 1, 2015 | History
This book uses legal philosophy to analyse the transformation of the rules of evidence in English courts.
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Publish Date
2013
Publisher
Bookboon.com
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Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts
2013, Bookboon.com
8776816850 9788776816858
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Book Details
Table of Contents
Obsah
Introduction
Demosthenes, Cicero and the rationalist tradition
Theories of evidence
Legal philosophy and the rationalist tradition
Guide to readers
The presumption of innocence and adverse inferences from silence
Introduction
The presumption of innocence: the marcescent Woolmington principle
Adverse inferences from silence
European Convention Jurisprudence and Commonwealth Paradigms Re-Examined
Protecting vulnerable witnesses: summum ius summa iniuria
Introduction
The principle of orality
False-memory
Sexual History Evidence or the slagging-off of the complainant in rape cases
Special Measures and Judicial Discretion
Summary and Conclusion
Double jeopardy and similar fact evidence
Introduction
The extent to which double jeopardy protects an accused from further proceedings based on same factual situation
The impact of the CJA 2003 on the Principle of Double Jeopardy and Similar Fact Rule
Double Jeopardy and Reopening of Final Acquittals
Summary and Conclusion
Identification evidence: old problems, new solutions
Introduction
Causes Célèbres and the Turner rule
Failure of courts to prescribe rigorous rules for scrutinizing scientific opinion evidence
Conclusion
Public interest immunity, privilege and liberty rights: Hohfeld’s analysis re-examined
Introduction
Theories of unimpeded access to justice
Conclusion
Expert evidence and mathematical proof
Introduction
The Pascal/Bayes School of Probability and Uncertainty
The Bacon/Mill/Cohen School of Inductive Probability
The Shafer/Dempster School of Non-additive Beliefs
The Scandinavian School of Evidentiary Value
Conclusion
Epilogue: the future
What is wrong with the English adversarial system of justice?
Free proof and the adversarial system of justice: the final words
List of Abbreviations
Endnotes
ID Numbers
Links outside Open Library
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| September 1, 2015 | Edited by Alice Kirk | Edited without comment. |
| September 1, 2015 | Created by Alice Kirk | Added new book. |