Chapter

Evidence and Legal Theory<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/9780198264835.003.0014
Evidence and Legal Theory*

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Jurisprudence is a theoretical part of law as a discipline and synonymous to legal theory but broader than legal philosophy. Legal theorizing is an activity directed to a variety of tasks all of which are directly concerned with understanding. This chapter discusses the problems of theorizing of evidence in relation to: intellectual history, high theory, middle-order theory, the conduit function, and the integrative or synthesizing function. Evidence is the means of proving or disproving facts, or of testing the truth of allegation of facts. This chapter argues that evidence is a piece of information from which further pieces of information are derived or inferred in a variety of contexts for a variety of purposes. Most legal discourse about the subject of evidence is centred on the rules of evidence.

Keywords: jurisprudence; legal theory; legal philosophy; intellectual history; high theory; middle-order theory; conduit function; synthesizing function; evidence; rules of evidence

Chapter.  10520 words. 

Subjects: Jurisprudence and Philosophy of Law

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