Chapter

Taking Facts Seriously<sup>*</sup>

William Twining

in Law in Context

Published in print March 1997 | ISBN: 9780198264835
Published online March 2012 | e-ISBN: 9780191682810 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198264835.003.0013
Taking Facts Seriously*

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This chapter opens with an imaginary seminar on legal education with two objectives: to spot the standard educational fallacies and to underline the point that the study of evidence is potentially a rather large subject. The purpose is to explore some aspects and examine why it has been relatively neglected in most programmes of legal education. Jerome Frank acknowledged that the amount of time devoted to studying a subject varies inversely with its practical importance. This covers legal discourse generally: legal research, legal literature, debates about law reform and lawyers' perception of the law, and their underlying assumptions about it. This chapter argues that Evidence, Proof, and Factfinding do not seem to be generally accepted as an integral and central part of the core curriculum nor of legal discourse generally.

Keywords: legal research; legal education; Jerome Frank; legal discourse; evidence; proof; factfinding

Chapter.  11733 words. 

Subjects: Jurisprudence and Philosophy of Law

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