Evidential Legal Reasoning: Crossing Civil Law and Common Law Traditions

ISBN-13: 9781316516997 / Angielski / Twarda / 2022

Ferrer Beltrán, Jordi

Opis

A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.

Spis treści

1. Evidence as a multi-disciplinary field: What do the law and the discipline of law have to offer? William Twining; 2. New directions for evidence science, complex adaptative systems and a possibly unprovable hypothesis about human flourishing Ronald J. Allen; 3. The transformation of Chinese evidence theories and system: From objectivity to relevancy Baosheng Zhang and Ping Yang; 4. Truth finding and the mirage of inquisitorial process Adrian A. S. Zuckerman; 5. Evidential remedies for procedural rights violations: Comparative criminal evidence law and empirical research Sarah Summers; 6. Common law evidence and the common law of human rights: Towards a harmonic convergence? John Jackson; 7. Group-deliberative virtues and legal epistemology Amalia Amaya; 8. On probatory ostension and inference Giovanni Tuzet; 9. Inferences in judicial decisions about facts Michele Taruffo; 10. Silence as evidence Hock Lai Ho; 11. Sanctions for acts or sanctions for actors? Frederick Schauer; 12. From institutional to epistemic authority. Rethinking court-appointed experts Carmen Vázquez; 13. Latent justice: Fingerprint evidence and the limits of Adversarialism in England, Australia and New Zealand Gary Edmond; 14. Prevention and education: The path towards better forensic science evidence Marina Gascón Abellán; 15. Evidentiary practices and risks of wrongful conviction: An empirical perspective Mauricio Duce J.; 16 Burdens of proof and choice of law Dale A. Nance; 17. Is it possible to formulate a precise and objective standard of proof? Some questions based on an argumentative approach to evidence Daniel González Lagier; 18. Prolegomena to a theory of standards of proof: The test case for state liability for undue pre-trial detention Jordi Ferrer Beltrán.