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A Dialogue Between Law and History - Proceedings of the Second International Conference on Facts and Evidence (Paperback, 1st ed. 2021)
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A Dialogue Between Law and History - Proceedings of the Second International Conference on Facts and Evidence (Paperback, 1st ed. 2021)
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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." The book brings together more than
twenty leading history and legal scholars from around the world to
explore a range of issues concerning the role of facts as evidence
in both disciplines. As such, the book is of enduring value to
historians, legal scholars and everyone interested in
truth-seeking.
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