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Author:   Peter Murphy (, Professor of Law, South Texas College of Law)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.60cm , Height: 3.40cm , Length: 23.40cm
Weight:   0.877kg
ISBN:  

9780199261956

ISBN 10:   0199261954
Pages:   620
Publication Date:   13 March 2003
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Preface Table of Works Represented, with Abbreviations Used Evidence, Proof, and Facts: Introductory Essay 1: The Concept of Evidence and the Law of Evidence SECTION 1: WHAT IS EVIDENCE? Bentham, Rationale Schum, Foundations SECTION 2: DEVELOPMENT OF THE LAW OF EVIDENCE Thayer, Preliminary Treatise Holdsworth, History Twining, Rethinking Evidence SECTION 3: ARE EXCLUSIONARY RULES OF EVIDENCE NEEDED? Bentham, Rationale Stephen, Report SECTION 4: THE PHILOSOPHY UNDERLYING THE LAW OF EVIDENCE: OPTIMISTIC RATIONALISM Twining, Theories 2: Logic and Rhetoric SECTION 1: LOGIC, DEDUCTIVE REASONING, AND THE SYLLOGISM Aristotle, Topics Aristotle, Prior Analytics Mill, System SECTION 2: REJECTION OF THE SYLLOGISM AS A SCIENTIFIC METHOD Bacon, Novum Organum Hume, Enquiry Schum, Foundations SECTION 3: LOGIC, INDUCTIVE REASONING, AND INFERENCES FROM EVIDENCE Schmidt, The Influence of the Legal Paradigm on the Development of Logic Mill, System SECTION 4: LOGICAL FALLACIES Mill, System SECTION 5: DIALECTIC AND RHETORIC Aristotle, The Art of Rhetoric Plato, Gorgias Plato, Phaedrus 3: Judicial Reasoning About Facts SECTION 1: RELEVANCE Stephen, Digest US Federal Rule of Evidence 401 Bentham, Rationale Schum, Foundations Keynes, Treatise SECTION 2: DIRECT AND CIRCUMSTANTIAL EVIDENCE Bentham, Rationale SECTION 3: THE PROCESS OF JUDICIAL REASONING Thayer, Preliminary Treatise Wigmore, Science SECTION 4: PROBATIVE VALUE AND WEIGHT Bentham, Rationale Keynes, Treatise SECTION 5: GENERALIZATIONS Hume, Enquiry Bentham, Rationale Mill, System 4: Causation SECTION 1: PHILOSOPHICAL BASIS FOR THEORY OF CAUSE AND EFFECT Aristotle, Physics Locke, Essay Hume, Treatise Hume, Enquiry Mill, System SECTION 2: CAUSE AND EFFECT AS BASIS FOR INFERENCE FROM EVIDENCE Hart and Honore, Causation Schum, Foundations SECTION 3: LEGAL APPLICATIONS OF CAUSATION Hart and Honore, Causation 5: The Standard of Proof SECTION 1: RELATIONSHIP OF INDUCTIVE REASONING TO STANDARDS OF PROOF Cohen, The Probable and the Provable SECTION 2: PROOF BY A PREPONDERANCE OF THE EVIDENCE Rhesa Shipping Co SA v. Edmunds (The Popi M) T.N.T. Management Pty. Ltd. v. Brooks Cohen, The Probable and the Provable SECTION 3: PROOF BEYOND REASONABLE DOUBT Shapiro, Beyond Reasonable Doubt Cohen, The Probable and the Provable SECTION 4: DECISION THEORY IN RELATION TO STANDARDS OF PROOF Kaplan, Decision Theory and the Factfinding Process Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process 6: Theories of Probability SECTION 1: PROBABILITY THEORIES GENERALLY Locke, Essay Hume, Treatise Bentham, Rationale Keynes, Treatise SECTION 2: PROBABILITY APPLIED TO HUMAN CONDUCT AND CREDIBILITY Keynes, Treatise Eggleston, Evidence, Proof, and Probability SECTION 3: THE PRINCIPLE OF INDIFFERENCE Cohen, Introduction 7: Probability: Issues of Mathematics SECTION 1: MATHEMATICAL PROBABILITY CALCULUS Mill, System Schum, Foundations Cohen, Introduction SECTION 2: REVISION OF PROBABILITY ESTIMATES IN LIGHT OF NEW EVIDENCE: BAYES' RULE Schum, Foundations Bayes, Essay SECTION 3: MATHEMATICS IN THE COURTROOM People v. Collins R v. Adams (No. 2) 8: Probability: Mathematical and Non-Mathematical Models SECTION 1: MON-MATHEMATICAL PROBABILITY MODELS Mill, System Keynes, Treatise Cohen, Introduction Cohen, The Probable and the Provable SECTION 2: PASCAL OR BACON? THE GREAT DEBATE Tribe, Trial by Mathematics: Precision and Ritual in the Legal Process Kaye, The Laws of Probability and the Laws of the Land 9: Alternative Epistemologies of Evidence SECTION 1: CHANCE AND ACAUSAL CONNECTIONS Aristotle, Physics Mill, System SECTION 2: THE OLDER MODES OF PROOF Holdsworth, History Hammurabi, Code Manu, Laws Supakar, The Law of Evidence in Ancient India SECTION 3: A WOMAN'S PERSPECTIVE Harmon, Etchings on Glass APPENDIX 1: INFERENCE NETWORKS AND THE CHARTING OF EVIDENCE Wigmore, The Problem of Proof APPENDIX 2: SOME COMMONLY USED HYPOTHETICALS Index

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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).

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