Evidence, Proof and Justice Legal Philosophy and the Provable in English Courts
Publisher: Bookboon
Published: 2013
ISBN-13: 9788776816858
Table of contents: title: Innhold; title: Introduction; title: Demosthenes, Cicero and the rationalist tradition; title: Theories of evidence; title: Legal philosophy and the rationalist tradition; title: Guide to readers; title: The presumption of innocence and adverse inferences from silence; title: Introduction; title: The presumption of innocence: the marcescent Woolmington principle; title: Adverse inferences from silence; title: European Convention Jurisprudence and Commonwealth Paradigms Re-Examined; title: Protecting vulnerable witnesses: summum ius summa iniuria; title: Introduction; title: The principle of orality; title: False-memory; title: Sexual History Evidence or the slagging-off of the complainant in rape cases; title: Special Measures and Judicial Discretion; title: Summary and Conclusion; title: Double jeopardy and similar fact evidence; title: Introduction; title: The extent to which double jeopardy protects an accused from further proceedings based on same factual situation; title: The impact of the CJA 2003 on the Principle of Double Jeopardy and Similar Fact Rule; title: Double Jeopardy and Reopening of Final Acquittals; title: Summary and Conclusion; title: Identification evidence: old problems, new solutions; title: Introduction; title: Causes Célèbres and the Turner rule; title: Failure of courts to prescribe rigorous rules for scrutinizing scientific opinion evidence; title: Conclusion; title: Public interest immunity, privilege and liberty rights: Hohfeld’s analysis re-examined; title: Introduction; title: Theories of unimpeded access to justice; title: Conclusion; title: Expert evidence and mathematical proof; title: Introduction; title: The Pascal/Bayes School of Probability and Uncertainty; title: The Bacon/Mill/Cohen School of Inductive Probability; title: The Shafer/Dempster School of Non-additive Beliefs; title: The Scandinavian School of Evidentiary Value; title: Conclusion; title: Epilogue: the future; title: What is wrong with the English adversarial system of justice?; title: Free proof and the adversarial system of justice: the final words; title: List of Abbreviations; title: Endnotes