Donald Nicolson combines all the elements of evidence and proof in one book, boldly setting it against a long tradition of legal philosophy.
Inhaltsverzeichnis
Preface
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1. Introduction: Facts in Law
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2. The Theoretical Context: Truth, Reason and Justice
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3. The Procedural Context: Truth, Justice and Institutional Design
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4. The Sociological Context: Truth, Justice and Institutional Practices
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5. The Scientific Context: Truth, Reason and Expertise
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6. The Psychological Context I: Witnesses and Truth
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7. The Psychological Context II: Reason, Narrative and Proof
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Afterword
Klappentext
Why does Scotland have the evidence laws it does? 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. Key Features - Detailed, discursive and clearly written: designed for use on undergraduate evidence law courses in Scotland and by postgraduate students and researchers in the socio-legal contexts of the legal process - Examines the philosophical, procedural, sociological, scientific and psychological factors that influence the Scots law of evidence - Shows how these factors affect the purported aims of legal fact-finding: to ascertain truth and ensure justice through dealing rationally with evidence and proof Donald Nicolson is Professor and Director of the Essex Law Clinic at the University of Essex.
