Rethinking Evidence
Exploratory Essays
2nd Edition
Published on 30. May 2006
978-0-511-19019-3 (ISBN)
Description
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.
Reviews / Votes
' ... Twining seems a born teacher. His texts are highly accessible although they deal with theories that are sometimes very complicated and abstract ... [I]t is not only the language that makes the text so attractive and accessible, it is also the use of examples and smart, humorous petites histoires.' Professor Hans Nijboer, American Journal of Comparative LawMore details
Series
Edition
2nd Revised edition
Language
English
Place of publication
Cambridge
United Kingdom
Publishing group
Cambridge University Press
Target group
Professional and scholarly
College/higher education
Edition type
Revised edition
Illustrations
5 Tables, unspecified
File size
3,01 MB
ISBN-13
978-0-511-19019-3 (9780511190193)
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
Book
06/2006
2nd Edition
Cambridge University Press
€98.90
Shipment within 15-20 days
Person
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).
Content
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.
