Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- List of abbreviations
- Table of cases
- 1 Introduction: the story of a project
- 2 Taking facts seriously
- 3 The Rationalist Tradition of evidence scholarship
- 4 Some scepticism about some scepticisms
- 5 Identification and misidentification in legal processes: redefining the problem
- 6 What is the law of evidence?
- 7 Rethinking Evidence
- 8 Legal reasoning and argumentation
- 9 Stories and argument
- 10 Lawyers' stories
- 11 Narrative and generalizations in argumentation about questions of fact
- 12 Reconstructing the truth about Edith Thompson the Shakespearean and the jurist
- 13 The Ratio Decidendi of the Parable of the Prodigal Son
- 14 Taking facts seriously – again
- 15 Evidence as a multi-disciplinary subject
- Bibliography
- Index
Preface
Published online by Cambridge University Press: 15 December 2009
- Frontmatter
- Contents
- Preface
- Acknowledgements
- List of abbreviations
- Table of cases
- 1 Introduction: the story of a project
- 2 Taking facts seriously
- 3 The Rationalist Tradition of evidence scholarship
- 4 Some scepticism about some scepticisms
- 5 Identification and misidentification in legal processes: redefining the problem
- 6 What is the law of evidence?
- 7 Rethinking Evidence
- 8 Legal reasoning and argumentation
- 9 Stories and argument
- 10 Lawyers' stories
- 11 Narrative and generalizations in argumentation about questions of fact
- 12 Reconstructing the truth about Edith Thompson the Shakespearean and the jurist
- 13 The Ratio Decidendi of the Parable of the Prodigal Son
- 14 Taking facts seriously – again
- 15 Evidence as a multi-disciplinary subject
- Bibliography
- Index
Summary
The first edition of this book was published in 1990. It consisted of eleven linked essays. The last chapter, ‘Rethinking Evidence’, outlined a general perspective on the processing and use of information in litigation as the basis for a broad interdisciplinary approach to the study of evidence in law. The essays had been written over sixteen years and were presented in the form of an intellectual progression, starting with an overview entitled ‘The Story of a Project’.
In this extended edition, three of the original chapters have been dropped or replaced and eight more essays have been added, all written since 1990. The Introduction (chapter 1) has been extended and chapter 11 becomes chapter 7. The idea of the story of an intellectual progression has been retained. Chapters 2–7 are unchanged, except for a few minor corrections and some extra footnotes, which are indicated by square brackets. These chapters are a slightly condensed version of the first edition. Each essay is self-standing, but taken together they form a coherent historical and theoretical argument. The remaining chapters continue the story.
There have, of course, been many theoretical, legal, and practical developments in the subject of evidence in law since the first edition was completed. To have attempted a comprehensive overview of these here would have radically altered the shape of the book. Instead, developments that are immediately relevant are discussed or referred to in the recent essays, especially chapters 8, 14, and 15.
- Type
- Chapter
- Information
- Rethinking EvidenceExploratory Essays, pp. xiii - xvPublisher: Cambridge University PressPrint publication year: 2006
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