Chapter

Evidence and Procedure

H. L. A. Hart

in Causation in the Law

Second edition

Published in print May 1985 | ISBN: 9780198254744
Published online March 2012 | e-ISBN: 9780191681523 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254744.003.0017
Evidence and Procedure

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This chapter deals with certain questions of evidence and procedure as they touch those issues which may, in the broadest sense be termed ‘causal’. How are such issues settled? What is involved in proving the presence of ‘causal connection’ between a wrongful act and harm? Here some of the difficulties arise because of the variety of types of causal connection, others from the ambiguities of the expression ‘burden of proof’, which is used in the formulation of a wide range of issues, procedural and evidentiary, others again from the interplay of questions of proof and principles of legal policy. The first section here considers evidence on causal issues. The second section examines the procedural effect of evidence adduced. The third section discusses the division of function between judge and jury.

Keywords: evidence; procedure; causal connection; judge; jury; wrongful act; harm; burden of proof

Chapter.  12343 words. 

Subjects: Jurisprudence and Philosophy of Law

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