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Why does Scotland have the evidence laws it does? This is the first textbook to set the Scots law of evidence against a modern backdrop of legal thought and empirical research. It examines the non-legal dimensions of evidence and proof through the lens of legal philosophy, procedure, sociology, science and psychology to analyse the contexts that affect the handling of facts and the process of proof in Scotland. Drawing extensively on socio-legal research, the book provides an accurate picture of how fact-finding works in Scotland - giving students the foundation for a complete, critical and contextual understanding of Scots evidence law. Key Features - Detailed, discursive and clearly written: designed for use on undergraduate evidence law courses in Scotland and by postgraduate students and researchers in the socio-legal contexts of the legal process - Examines the philosophical, procedural, sociological, scientific and psychological factors that influence the Scots law of evidence - Shows how these factors affect the purported aims of legal fact-finding: to ascertain truth and ensure justice through dealing rationally with evidence and proof Donald Nicolson is Professor and Director of the Essex Law Clinic at the University of Essex.
Table des matières
Preface
1. Introduction: Facts in Law
2. The Theoretical Context: Truth, Reason and Justice
3. The Procedural Context: Truth, Justice and Institutional Design
4. The Sociological Context: Truth, Justice and Institutional Practices
5. The Scientific Context: Truth, Reason and Expertise
6. The Psychological Context I: Witnesses and Truth
7. The Psychological Context II: Reason, Narrative and Proof
Afterword
A propos de l'auteur
Donald Nicolson (OBE, BA, LLB, Phd) is Professor in the School of Law and Director of the Essex Law Clinic at the University of Essex. Donald currently teaches jurisprudence and law clinc modules. He has co-authored a book on lawyers' ethics, co-edited books on affirmative action and criminal law, and published over 40 articles on clinical education, evidence theory, gender and adjudication. In 2011 he was awarded an OBE for his law clinic work.
Résumé
This is the first textbook to set Scots evidence law against a modern backdrop of legal and empirical research. It examines the non-legal dimensions of evidence and proof through the lens of legal philosophy, procedure, sociology, science and psychology to analyse the contexts that affect the handling of facts and the process of proof.
