
Evidence and Proof in Scotland
Context and Critique
Donald Nicolson(Author)
Edinburgh University Press
Published on 14. February 2019
Book
Hardback
400 pages
978-1-4744-1199-8 (ISBN)
Description
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.
Reviews / Votes
Practising lawyers know that the facts of a case are often of greater importance in determining its outcome than is the law, yet this insight is often neglected in Evidence scholarship. In focussing on how facts are dealt with in legal processes, Professor Nicolson offers fresh and fascinating perspectives. -- Pamela R. Ferguson, School of Law, University of Dundee This is a thought-provoking and significant work. The author focusses on fact-finding rather than the complex evidentiary rules which are the subject of most legal scholarship. The book demands to be read by every scholar of Scottish evidence and deserves attention from academics in all common-law jurisdictions. -- Peter Duff, Aberdeen University Law School, Chiang Mai University Law FacultyMore details
Language
English
Place of publication
Edinburgh
United Kingdom
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Illustrations
24 black and white tables
Dimensions
Height: 234 mm
Width: 157 mm
Thickness: 25 mm
Weight
680 gr
ISBN-13
978-1-4744-1199-8 (9781474411998)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions

E-Book
01/2019
1st Edition
Edinburgh University Press
€0.00
Available for download
Person
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.
Content
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
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