This book is a collection of materials concerned not only with the law of evidence, but also with the logical and rhetorical aspects of proof; the epistemology of evidence as a basis for the proof of disputed facts; and scientific aspects of the subject. The editor also raises issues such as the philosophical basis for the use of evidence.
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: 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 Bel#A
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