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Author : William Mawdesley Best
Publisher : Unknown
Page : 440 pages
File Size : 54,5 Mb
Release : 1844
Category : Evidence, Circumstantial
ISBN : BSB:BSB10563483
Author : Hans Vilhelm Hansen
Publisher : Rhetoric, Law, and the Humanit
Page : 316 pages
File Size : 53,5 Mb
Release : 2019
Category : Language Arts & Disciplines
ISBN : 9780817320171
An anthology of the most important historical sources, classical and modern, on the subjects of presumptions and burdens of proof In the last fifty years, the study of argumentation has become one of the most exciting intellectual crossroads in the modern academy. Two of the most central concepts of argumentation theory are presumptions and burdens of proof. Their functions have been explicitly recognized in legal theory since the middle ages, but their pervasive presence in all forms of argumentation and in inquiries beyond the law--including politics, science, religion, philosophy, and interpersonal communication--have been the object of study since the nineteenth century. However, the documents and essays central to any discussion of presumptions and burdens of proof as devices of argumentation are scattered across a variety of remote sources in rhetoric, law, and philosophy. Presumptions and Burdens of Proof: An Anthology of Argumentation and the Law brings together for the first time key texts relating to the history of the theory of presumptions along with contemporary studies that identify and give insight into the issues facing students and scholars today. The collection's first half contains historical sources and begins with excerpts from Aristotle's Topics and goes on to include the locus classicus chapter from Bishop Whately's crucial Elements of Rhetoric as well as later reactions to Whately's views. The second half of the collection contains contemporary essays by contributors from the fields of law, philosophy, rhetoric, and argumentation and communication theory. These essays explore contemporary understandings of presumptions and burdens of proof and their role in numerous contexts today. This anthology is the definitive resource on the subject of these crucial rhetorical modes and will be a vital resource to all scholars of communication and rhetoric, as well as legal scholars and practicing jurists.
Author : Otis Harrison Fisk
Publisher : Unknown
Page : 96 pages
File Size : 40,9 Mb
Release : 1921
Category : Evidence (Law)
ISBN : CORNELL:31924076608979
Author : John Davison Lawson
Publisher : Fred B. Rothman
Page : 756 pages
File Size : 42,5 Mb
Release : 1886
Category : History
ISBN : UIUC:30112041893931
Endeavors to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz: 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them.
Author : Otis H. Fisk
Publisher : Unknown
Page : 81 pages
File Size : 45,9 Mb
Release : 1994
Category : Evidence (Law)
ISBN : OCLC:1003816821
Author : R. H. Helmholz,W. David H. Sellar
Publisher : Unknown
Page : 252 pages
File Size : 52,9 Mb
Release : 2009
Category : Aufsatzsammlung
ISBN : 342813124X
The law of presumptions has never been popular among commentators. It has attracted few scholars, and most of the few who have ventured into the subject have come away as critics rather than admirers. Certainly, there are plausible reasons for this bad reputation. Presumptions are evidently inferior to more direct forms of proof; indeed they may not be forms of proof at all. They raise difficulties of definition and classification. Some presumptions also seem quite artificial, hard to defend as reliable indicators of the truth. Despite their poor reputation, they have long been accepted and applied in practice. Legal presumptions play a part in virtually all Western legal systems. It is hard to image a workable law of proof without them, and their acceptance has been a fact of life for many centuries. Even in England, where the use of juries in the common law might seem to have excluded any need for legal presumptions, they took hold from an early date. They thus seem to be a natural candidate for comparative historical treatment. The essays in this volume seek to address this gap in scholarship. The essays do not set out directly to rehabilitate the law of presumptions. They seek rather to explore the process by which presumptions worked their way into Western law and to examine the links that have existed between legal systems. The essays embrace not only English common law and Continental systems, but also 'mixed systems' like the law of Scotland and of Southern Africa. By examining the subject from an historical point of view, they seek to help explain the acceptance and persistence of a law of presumptions in Western law.
Author : Michelle Coleman
Publisher : Routledge
Page : 148 pages
File Size : 50,9 Mb
Release : 2021-03-03
Category : Law
ISBN : 9781000352337
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
Author : John Davison 1852-1921 Lawson
Publisher : Wentworth Press
Page : 752 pages
File Size : 43,6 Mb
Release : 2016-08-28
Category : History
ISBN : 1372018298
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : John D. Lawson
Publisher : Forgotten Books
Page : 742 pages
File Size : 52,6 Mb
Release : 2017-11-23
Category : Law
ISBN : 0331735016
Excerpt from The Law of Presumptive Evidence: Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil, and Criminal Cases; Reduced to Rules The present work, following the method pursued by me in my Expert and Opinion Evidence, is an endeavor to present the topic of Presumptive Evidence (and incidentally the Burden of Proof), as follows, viz. 1. A series of rules and sub-rules. 2. A series of illustrations under each rule. 3. A discussion or commentary upon the rule and upon the particular illustration, showing the reasons for the rules themselves, and the grounds upon which the courts have proceeded in giving particular applications to them. The rules are those principles which after an examination of all the cases on the particular subject, I have concluded are the law. The illustrations are all taken from decided cases and are, therefore, opeii to examination and verification by the student or practitioner. The commentary shows the rea soning of the courts in the particular illustrations, and points out the conflict of authorities wherever such conflict exists. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : William Mawdesley Best
Publisher : Andesite Press
Page : 228 pages
File Size : 49,7 Mb
Release : 2015-08-08
Category : Electronic
ISBN : 1296564339
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : William Mawdesley Best
Publisher : Forgotten Books
Page : 228 pages
File Size : 52,5 Mb
Release : 2017-12-11
Category : Law
ISBN : 0282981993
Excerpt from A Treatise on Presumptions of Law and Fact: With the Theory and Rules of Presumptive Or circumstantial Proof in Criminal Cases On Proof, Evidence, and Presum tiens in General, with the division latter into Presumptions Late, Fact, and Mixed Law and Feet. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author : Chittharanjan Felix Amerasinghe
Publisher : Brill Nijhoff
Page : 536 pages
File Size : 49,9 Mb
Release : 2005
Category : Law
ISBN : STANFORD:36105064152437
The basic principles relating to the burden of proof, cooperation in the production of evidence as well as the standard of proof, among others, are examined by reference to worldwide international jurisprudence and policies.
Author : John Davison Lawson
Publisher : Unknown
Page : 0 pages
File Size : 51,9 Mb
Release : 1982
Category : Presumptions (Law)
ISBN : OCLC:768109771
Author : John Davison Lawson
Publisher : Unknown
Page : 710 pages
File Size : 47,8 Mb
Release : 1899
Category : Presumptions (Law)
ISBN : LCCN:76001546
Author : William Mawdesley Best
Publisher : Nabu Press
Page : 228 pages
File Size : 52,9 Mb
Release : 2014-02
Category : Electronic
ISBN : 1295766124
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.
