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OverviewEvidence, Proof, and Facts is a source book designed to bring together some of the most important primary and secondary materials which underlie the 'New Evidence Scholarship'. While the law of evidence has traditionally dominated jurisprudential treatment of the subject, evidence is in truth a multi-disciplinary subject, comprising fundamental issues in the fields of logic, probability theory, epistemology, and psychology.Among the issues dealt with are: the rationalist epistemology of the use of evidence as a tool for the reconstruction of disputed past events; alternative epistemologies of evidence; the meaning of evidence, relevance, probative value, and weight. The editor also explores the issues of: logic and rhetoric in the context of judicial proof; the place of different kinds of probability theory in legal proof; whether legal proof is inherently mathematical or non-mathematical; the meaning of the legal standards of proof; and the role of causation in legal proof. The editor has assembled a collection of jurisprudential material including Thayer and Wigmore, and philosophical material ranging from Aristotle and Plato to Locke, Hume, Bentham, and Mill. The mathematics includes Bayes' Rule, reproduced in its entirety. Among the contemporary writers represented from the New Evidence Scholarship school are Keynes, Schum, Twining, Eggleston, and Cohen. The materials are prefaced with an introductory essay by Professor Murphy which offers an overview of some of the key issues. Full Product DetailsAuthor: Peter Murphy (, Professor of Law, South Texas College of Law)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 15.60cm , Height: 3.40cm , Length: 23.40cm Weight: 0.877kg ISBN: 9780199261956ISBN 10: 0199261954 Pages: 620 Publication Date: 13 March 2003 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of ContentsPreface 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 Honore, Causation Schum, Foundations SECTION 3: LEGAL APPLICATIONS OF CAUSATION Hart and Honore, 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 IndexReviewsAuthor InformationPeter Murphy is Professor of Law at South Texas College of Law and currently Defence Counsel for the International Criminal Tribunal for the Former Yugoslavia. He is Editor-in-Chief of Blackstone's Criminal Practice and author of Murphy on Evidence (Blackstone, 2000). Tab Content 6Author Website:Countries AvailableAll regions |
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