Evidence, Proof, and Facts: A Book of Sources by Peter MurphyEvidence, Proof, and Facts: A Book of Sources by Peter Murphy

Evidence, Proof, and Facts: A Book of Sources

EditorPeter Murphy

Paperback | December 9, 2003

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Evidence, Proof, and Facts is a source book designed to bring together some of the most important primary and secondary materials which underlie the 'New Evidence Scholarship'. While the law of evidence has traditionally dominated jurisprudential treatment of the subject, evidence is in trutha multi-disciplinary subject, comprising fundamental issues in the fields of logic, probability theory, epistemology, and psychology.Among the issues dealt with are: the rationalist epistemology of the use of evidence as a tool for the reconstruction of disputed past events; alternative epistemologies of evidence; the meaning of evidence, relevance, probative value, and weight. The editor also explores the issues of: logic andrhetoric in the context of judicial proof; the place of different kinds of probability theory in legal proof; whether legal proof is inherently mathematical or non-mathematical; the meaning of the legal standards of proof; and the role of causation in legal proof. The editor has assembled a collection of jurisprudential material including Thayer and Wigmore, and philosophical material ranging from Aristotle and Plato to Locke, Hume, Bentham, and Mill. The mathematics includes Bayes' Rule, reproduced in its entirety. Among the contemporary writers representedfrom the New Evidence Scholarship school are Keynes, Schum, Twining, Eggleston, and Cohen. The materials are prefaced with an introductory essay by Professor Murphy which offers an overview of some of the key issues.
Peter Murphy is Professor of Law at South Texas College of Law and currently Defence Counsel for the International Criminal Tribunal for the Former Yugoslavia. He is Editor-in-Chief of Blackstone's Criminal Practice and author of Murphy on Evidence (Blackstone, 2000).
Title:Evidence, Proof, and Facts: A Book of SourcesFormat:PaperbackDimensions:618 pages, 9.21 × 6.14 × 1.32 inPublished:December 9, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199261954

ISBN - 13:9780199261956

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Table of Contents

PrefaceTable of Works Represented, with Abbreviations UsedEvidence, Proof, and Facts: Introductory Essay1. The Concept of Evidence and the Law of EvidenceSECTION 1: WHAT IS EVIDENCE?Bentham, RationaleSchum, FoundationsSECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCEThayer, Preliminary TreatiseHoldsworth, HistoryTwining, Rethinking EvidenceSECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED?Bentham, RationaleStephen, ReportSECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISMTwining, Theories2. Logic and RhetoricSECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISMAristotle, TopicsAristotle, Prior AnalyticsMill, SystemSECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHODBacon, Novum OrganumHume, EnquirySchum, FoundationsSECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCESchmidt, The Influence of the Legal Paradigm on the Development of LogicMill, SystemSECTION 4: LOGICAL FALLACIESMill, SystemSECTION 5: DIALECTIC AND RHETORICAristotle, The Art of RhetoricPlato, GorgiasPlato, Phaedrus3. Judicial Reasoning About FactsSECTION 1: RELEVANCEStephen, DigestUS Federal Rule of Evidence 401Bentham, RationaleSchum, FoundationsKeynes, TreatiseSECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCEBentham, RationaleSECTION 3: THE PROCESS OF JUDICIAL REASONINGThayer, Preliminary TreatiseWigmore, ScienceSECTION 4: PROBATIVE VALUE AND WEIGHTBentham, RationaleKeynes, TreatiseSECTION 5: GENERALIZATIONSHume, EnquiryBentham, RationaleMill, System4. CausationSECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECTAristotle, PhysicsLocke, EssayHume, TreatiseHume, EnquiryMill, SystemSECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCEHart and Honore, CausationSchum, FoundationsSECTION 3: LEGAL APPLICATIONS OF CAUSATIONHart and Honore, Causation5. The Standard of ProofSECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOFCohen, The Probable and the ProvableSECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCERhesa Shipping Co SA v. Edmunds (The Popi M)T.N.T. Management Pty. Ltd. v. BrooksCohen, The Probable and the ProvableSECTION 3: PROOF BEYOND REASONABLE DOUBTShapiro, Beyond Reasonable DoubtCohen, The Probable and the ProvableSECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOFKaplan, Decision Theory and the Factfinding ProcessTribe, Trial by Mathematics: Precision and Ritual in the Legal Process6. Theories of ProbabilitySECTION 1: PROBABILITY THEORIES GENERALLYLocke, EssayHume, TreatiseBentham, RationaleKeynes, TreatiseSECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITYKeynes, TreatiseEggleston, Evidence, Proof, and ProbabilitySECTION 3: THE PRINCIPLE OF INDIFFERENCECohen, Introduction7. Probability: Issues of MathematicsSECTION 1: MATHEMATICAL PROBABILITY CALCULUSMill, SystemSchum, FoundationsCohen, IntroductionSECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULESchum, FoundationsBayes, EssaySECTION 3: MATHEMATICS IN THE COURTROOMPeople v. CollinsR v. Adams (No. 2)8. Probability: Mathematical and Non-Mathematical ModelsSECTION 1: MON-MATHEMATICAL PROBABILITY MODELSMill, SystemKeynes, TreatiseCohen, IntroductionCohen, The Probable and the ProvableSECTION 2: PASCAL OR BACON? THE GREAT DEBATETribe, Trial by Mathematics: Precision and Ritual in the Legal ProcessKaye, The Laws of Probability and the Laws of the Land9. Alternative Epistemologies of EvidenceSECTION 1: CHANCE AND ACAUSAL CONNECTIONSAristotle, PhysicsMill, SystemSECTION 2: THE OLDER MODES OF PROOFHoldsworth, HistoryHammurabi, CodeManu, LawsSupakar, The Law of Evidence in Ancient IndiaSECTION 3: A WOMAN'S PERSPECTIVEHarmon, Etchings on GlassAPPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCEWigmore, The Problem of ProofAPPENDIX 2: SOME COMMONLY USED HYPOTHETICALSIndex