Full Description
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.
Contents
Preface
1. Introduction: Facts in Law
2. The Theoretical Context: Truth, Reason and Justice
3. The Procedural Context: Truth, Justice and Institutional Design
4. The Sociological Context: Truth, Justice and Institutional Practices
5. The Scientific Context: Truth, Reason and Expertise
6. The Psychological Context I: Witnesses and Truth
7. The Psychological Context II: Reason, Narrative and Proof
Afterword
