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Full Product Details

Author:   Jonathan Auburn
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 15.60cm , Height: 2.50cm , Length: 23.40cm
Weight:   0.620kg
ISBN:  

9781841131016

ISBN 10:   1841131016
Pages:   320
Publication Date:   20 June 2000
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

Conceptual and historical introduction: place of the privilege; dating of the privilege's origin; the original reason for the privilege - honour theory?; need for historical revision; book thesis - balancing and absoluteness. part A Theoretical foundations: emerging common law right - introduction, non-rights instrumentalism and utilitarianism, rights, context, Canada, Australia, South Africa, New Zealand, England, European Court of Justice, United States, analysis of authority, mere rule of evidence , rationale and the rules of privilege, conclusions; privilege under the European Convention on Human Rights - introduction, section 1 article 6, section II article 8, conclusion; confidentiality - introduction, section 1 theoretical importance of confidentiality, section II practical importance of confidentiality - theories of practice, section III practical importance of confidentiality - empirical evidence, conclusions; disclosure - introduction, section I theory - goal of truth in litigation, section II practice - value placed on disclosure and compulsion, section III assessing the detriment to truth, conclusions; structure of the privilege - general theory - introduction, section 1 rationale and the balancing issue, section II basics of the balancing debate, section III level of abstraction, conclusions; structure of the privilege - application - introduction, section I current approach and explanation, section II consistency with privilege derogations, section III consistency with substantive rules of privilege, section IV rule balancing as a judicial function, conclusions. Part B practical applications: crime-fraud exception - introduction, brief history, section 1 the two rationales, section II choosing between the two rationales, conclusions; criminal exculpatory evidence - introduction, section 1 principle of in favorem innocentiae, section II place in the privilege, conclusions; loss of privilege based on intent and disclosure (waiver) - introduction, section 1 intent based on loss of privilege, section Ii disclosure based loss of privilege, section III meaning of privilege where it exists despite closure, conclusion; fairness based loss of privilege (waiver) - introduction, partial disclosure, putting in issue and related rules, analysis of the fairness rationale, effect on absoluteness of the privilege, the effects of waiver - total or partial abrogation, conclusion; inadvertent disclosure - introduction, section I the unresolved problem, section II principles grounding relief, conclusion; past and future directions.

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Jonathan Auburn is a Barrister at 4-5 Gray's Inn Square.

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