Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of The Solicitor's Handbook 2022

The Solicitor's Handbook 2022

Price: £100.00

War Pensions and Armed Forces Compensation: Law and Practice

NEW EDITION


Welcome to Wildys

Watch


Wildy, Simmonds & Hill

New Edition
Small Claims Procedure in the County Court: A Practical Guide
Includes guide to Road Traffic Act Small Claims Protocol


The Complete List...


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Evaluation of Evidence: Pre-Modern and Modern Approaches


ISBN13: 9781108739719
Published: February 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £22.99
Hardback edition , ISBN13 9781108497282



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

Judges were never bound by law to convict a defendant unless they considered him guilty. Yet, they could be prohibited by law from convicting a person they consider guilty due to the absence of legally prescribed or the presence of legally prohibited evidence. Evaluation of Evidence addresses the question: should the law restrict the freedom of judges in assessing the probative value of evidence in the criminal process?

Tracing the treatment of evidence from pre-modern to modern times, Mirjan Damaška argues that there has always been some understanding about rules regarding the use and treatment of evidence, and these rules should not be looked askance as a departure from ideal arrangements. In a time when science and technology have the ability to contribute to factual inquiry, there needs to be acceptance of rules that expand or corroborate evidence produced by our native sensory apparatus.

  • Proposes a new theory about the origin of Roman-canon evidence
  • Suggests that departures from evaluation of evidence free from legal rules should not be viewed as departures from ideal arrangements
  • Distinguishes positive and negative legal proof

Subjects:
Evidence, Legal History
Contents:
1. The origin of Roman-canon legal proof for criminal cases
2. Epistemic foundations
3. Orientation in the labryinth
4. The two-eyewitnesses rule
5. The probative impact of confessions
6. The negative impact of legal proof
7. Roman-canon rejection of persuasive evidence
8. Evading the Roman-canon full proof standard
9. Recapitulation
10. Continental successors to Roman-canon legal proof
11. Roman-canon legal proof and common law evidence
Epilogue

Series: ASCL Studies in Comparative Law

A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn
Edited by: Helge Dedek
ISBN 9781108841726
Published December 2021
Cambridge University Press
£85.00
A Cosmopolitan Jurisprudence: Essays in Memory of H. Patrick Glenn (eBook)
Edited by: Helge Dedek
ISBN 9781108899130
Published December 2021
Cambridge University Press
£68.00
(ePub)
Buy
Freedom of Expression: The Revolutionary Roots of American and French Legal Thought ISBN 9781316517635
Published November 2021
Cambridge University Press
£85.00
£68.00
(ePub)
Buy
European Constitutional Courts and Transitions to Democracy ISBN 9781108489393
Published January 2020
Cambridge University Press
£85.00
European Constitutional Courts and Transitions to Democracy (eBook) ISBN 9781108801607
Published January 2020
Cambridge University Press
£68.00
(ePub)
Buy
Evaluation of Evidence: Pre-Modern and Modern Approaches ISBN 9781108497282
Published December 2018
Cambridge University Press
£80.00
Evaluation of Evidence: Pre-Modern and Modern Approaches (eBook) ISBN 9781108758284
Published December 2018
Cambridge University Press
£18.00
(ePub)
Buy
Comparing Law: Comparative Law as Reconstruction of Collective Commitments ISBN 9781108455176
Published December 2018
Cambridge University Press
£28.99
Prosecutors and Democracy: A Cross-National Study ISBN 9781316638149
Published December 2018
Cambridge University Press
£25.99
Comparing Law: Comparative Law as Reconstruction of Collective Commitments ISBN 9781108470063
Published December 2018
Cambridge University Press
£74.99
Prosecutors and Democracy: A Cross-National Study ISBN 9781107187559
Published October 2017
Cambridge University Press
£89.99
Prosecutors and Democracy: A Cross-National Study (eBook) ISBN 9781316947265
Published October 2017
Cambridge University Press
£21.00
(ePub)
Buy
National Security Secrecy: Comparative Effects on Democracy and the Rule of Law ISBN 9781107576476
Published July 2017
Cambridge University Press
£29.99