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
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The Law of Presumptive Evidence by John Davison Lawson Pdf
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.
The Law of Presumptive Evidence by John D. Lawson Pdf
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 lain. The illustrations are all taken from decided cases and arc, therefore, open to examination and verification by the student or practitioner. The commentary shows the reasoning 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.
The Law of Presumptive Evidence by John D. Lawson Pdf
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 : Hans Vilhelm Hansen Publisher : Rhetoric, Law, and the Humanit Page : 316 pages File Size : 50,6 Mb Release : 2019 Category : Language Arts & Disciplines ISBN : 9780817320171
Presumptions and Burdens of Proof by Hans Vilhelm Hansen Pdf
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.
In this intriguing book, Hendrik Hartog uses a forgotten 1840 case to explore the regime of gradual emancipation that took place in New Jersey over the first half of the nineteenth century. In Minna's case, white people fought over who would pay for the costs of caring for a dependent, apparently enslaved, woman. Hartog marks how the peculiar language mobilized by the debate—about care as a "mere voluntary courtesy"—became routine in a wide range of subsequent cases about "good Samaritans." Using Minna's case as a springboard, Hartog explores the statutes, situations, and conflicts that helped produce a regime where slavery was usually but not always legal and where a supposedly enslaved person may or may not have been legally free. In exploring this liminal and unsettled legal space, Hartog sheds light on the relationships between moral and legal reasoning and a legal landscape that challenges simplistic notions of what it meant to live in freedom. What emerges is a provocative portrait of a distant legal order that, in its contradictions and moral dilemmas, bears an ironic resemblance to our own legal world.
Law as Culture and Culture as Law by John Phillip Reid Pdf
Law as Culture and Culture as Law presents a spectrum of historical inquiries developing and engaging John Phillip Reid's insights and methodological approaches to legal and constitutional history. The essays gathered in this volume span nearly three centuries and two continents, ranging from the agonizing struggles over law, religion, and governance in late seventeenth-century Ireland to the legal and constitutional regimes of governmental regulation in twentieth-century New York.
In nineteenth-century America, the law insisted that marriage was a permanent relationship defined by the husband's authority and the wife's dependence. Yet at the same time the law created the means to escape that relationship. How was this possible? And how did wives and husbands experience marriage within that legal regime? These are the complexities that Hendrik Hartog plumbs in a study of the powers of law and its limits. Exploring a century and a half of marriage through stories of struggle and conflict mined from case records, Hartog shatters the myth of a golden age of stable marriage. He describes the myriad ways the law shaped and defined marital relations and spousal identities, and how individuals manipulated and reshaped the rules of the American states to fit their needs. We witness a compelling cast of characters: wives who attempted to leave abusive husbands, women who manipulated their marital status for personal advantage, accidental and intentional bigamists, men who killed their wives' lovers, couples who insisted on divorce in a legal culture that denied them that right. As we watch and listen to these men and women, enmeshed in law and escaping from marriages, we catch reflected images both of ourselves and our parents, of our desires and our anxieties about marriage. Hartog shows how our own conflicts and confusions about marital roles and identities are rooted in the history of marriage and the legal struggles that defined and transformed it.