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.