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Rethinking Evidence

Rethinking Evidence
Exploratory Essays

2nd Edition

£46.99

Part of Law in Context

  • Date Published: June 2006
  • availability: Available
  • format: Paperback
  • isbn: 9780521675376

£ 46.99
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About the Authors
  • The Law of Evidence has traditionally been perceived as a dry, highly technical, and mysterious subject. This book argues that problems of evidence in law are closely related to the handling of evidence in other kinds of practical decision-making and other academic disciplines, that it is closely related to common sense and that it is an interesting, lively and accessible subject. These essays develop a readable, coherent historical and theoretical perspective about problems of proof, evidence, and inferential reasoning in law. Although each essay is self-standing, they are woven together to present a sustained argument for a broad inter-disciplinary approach to evidence in litigation, in which the rules of evidence play a subordinate, though significant, role. This revised and enlarged edition includes a revised introduction, the best-known essays in the first edition, and chapters on narrative and argumentation, teaching evidence, and evidence as a multi-disciplinary subject.

    • Makes an important and original contribution to the theory of evidence
    • Readable, stimulating, multi-disciplinary and contemporary
    • Provides the theoretical background to the very practical companion book, Anderson, Schum & Twining's Analysis of Evidence 2nd edition
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    Product details

    • Edition: 2nd Edition
    • Date Published: June 2006
    • format: Paperback
    • isbn: 9780521675376
    • length: 532 pages
    • dimensions: 229 x 152 x 30 mm
    • weight: 0.77kg
    • contains: 5 tables
    • availability: Available
  • Table of Contents

    Preface
    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 (with R. Weis)
    13. The ratio decidendi of the parable of the prodigal son
    14. Taking facts seriously - again
    15. Evidence as a multi-disciplinary subject.

  • Author

    William Twining, University College London
    William Twining is Quain Professor of Juisprudence Emeritus at University College London, and a regular Visiting Professor at the University of Miami School of Law. His writings on evidence include Analysis of Evidence (2nd edn, Cambridge University Press 2005).

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