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Informationen zum Autor Peter 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). Klappentext This book is a collection of materials concerned not only with the law of evidence! but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor also raises issues such as the philosophical basis for the use of evidence. Zusammenfassung This collection of materials is concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor raises issues such as the use of different theories of probability in legal reasoning. Inhaltsverzeichnis Preface 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 Honoré, Causation Schum, Foundations SECTION 3: LEGAL APPLICATIONS OF CAUSATION Hart and Honoré, 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, Rationa...
