A dialogue between law and history : proceedings of the second international conference on facts and evidence
- Full Title:
- A dialogue between law and history : proceedings of the second international conference on facts and evidence
- Other Author:
- Zhang, Baosheng.
Man, Thomas Yunlong.
- Statement of Responsibility:
- edited by Baosheng Zhang, Thomas Yunlong Man and Jing Lin
- X, 411 p.
- This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016),...
Summary:This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.”
- • History, Science, Law … and Truth: Reflections on Fact Finding in History, Science and Law • A Comparison of Fact-Finding Methodology in Evidence Law...
Contents:• History, Science, Law … and Truth: Reflections on Fact Finding in History, Science and Law • A Comparison of Fact-Finding Methodology in Evidence Law and History • The Paradox of Proof: A Semiotic and Language-Based Critique • Facts, Evidence and Proof: The Core Concepts of Law and History • The Generation of Probable Facts from Testimonies in Jurisprudence and Historiography • Why Can’t Oral Testimonies be Historical Facts? The Study of “Comfort Women” and Its Challenge to Modern Historiography • Interrogating Qi Shan Again: History, Law and Evidence Science • Judging the Past, Blaming the Past, Hailing the Past • Fact-Finding in Constitutional Cases • The Elaine Massacre: A Case Study in the Dialogue Between Law and History • How to Determine the Facts of a Criminal Case • Facts and Evidence: A Case Study of Developments in England’s Old Bailey Criminal Court During the Eighteenth Century • Cleaning Up the Mess of Empire? Evidence, Time and Memory in ‘Historic Justice’ Cases Concerning the Former British Empire (2000–Present) • On Fact Cognition and Legal Reasoning in Song Dynasty Justice from the Perspective of Intellectual Rationality • Can Truth Be Negotiated? Rethinking Plea Bargaining at the ICTY • A Historical Retrial of the Socrates Trial: Who Was the Victim of Guilt Presumption? • How We Get to Know What Aaron Burr Did? Ascertaining Past Facts in History and in Law • Chasing Truth from the Perspective of History • Charlemagne’s Imperial Title: From the Perspective of Evidence Science
- Publisher & Date:
- Singapore : Springer, 2021.
- Date of Publication:
- A 47.4
- 9789811596841 (hbk)
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|A 47.4 Zha 2021||General collection||On Shelf||-||For regular loan|
In the Library
A 47.4 Zha 2021