Columbia Law Review Volume 8

Columbia Law Review Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...the Atlantic to the American reviewer's table, it is not one to be lightly dismissed on that account. Both for its unusual merits and its too obvious defects it demands consideration. In both ways it serves a useful purpose--instructing and stimulating the reader by its profound discussion of the logical basis of our system of evidence, while exhibiting to him the dangers which lurk in the abstract and theoretical treatment of the most practical and concrete of sciences. Let it be said at once that the author has not committed the capital error--whieh the title and the earlier half of the book threaten--of attempting to rewrite the law of evidence from the logician's point of view. His work is an examination of the English law of evidence as set forth in the pages of Taylor, Best and Stephen, but it is a criticism, not an exposition. For this reason his occasional lapses into error as to the actual state of the law, his neglect of its history, his complete ignoring of the American law, even his lack of acquaintance with the English cases are excusable. He writes not as a lawyer, nor yet as a student of jurisprudence, but as a philosopher seeking to ascertain the extent to which the practice of the courts in the admission and rejection of evidence conforms to the canons of the science of reasoning. It must be conceded that no part of our law stands more in need of the refreshment that comes from turning fresh streams of thought upon it, as none has grown to its present great stature in more haphazard fashion than the body of rules regulating the admission of evidence. The various branches of our substantive law have developed under the influence of great considerations of private and social justice or of public policy; even the rules more

Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236812905
  • 9781236812902