Overview

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.

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9781474412001

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Reviews

Practising lawyers know that the facts of a case are often of greater importance in determining its outcome than is the law, yet this insight is often neglected in Evidence scholarship. In focussing on how facts are dealt with in legal processes, Professor Nicolson offers fresh and fascinating perspectives.--Pamela R. Ferguson, School of Law, University of Dundee This is a thought-provoking and significant work. The author focusses on fact-finding rather than the complex evidentiary rules which are the subject of most legal scholarship. The book demands to be read by every scholar of Scottish evidence and deserves attention from academics in all common-law jurisdictions.--Peter Duff, Aberdeen University Law School, Chiang Mai University Law Faculty

Author Information

Donald Nicolson (OBE, BA, LLB, Phd) is Professor in the School of Law and Director of the Essex Law Clinic at the University of Essex. Donald currently teaches jurisprudence and law clinc modules. He has co-authored a book on lawyers' ethics, co-edited books on affirmative action and criminal law, and published over 40 articles on clinical education, evidence theory, gender and adjudication. In 2011 he was awarded an OBE for his law clinic work.

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