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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.
This book presents an in-depth discussion on two concepts from the
field of philosophy and law, in order to improve our understanding
of the relation between "fact" and "evidence" in judicial process.
Since fact-finding is a difficult task for judges, proof by
evidence has been devised to help them access the truth. However,
in the process of judicial fact-finding, there is always a gap
between fact and truth. This book covers a wide range of topics,
from reflections on the concept of "fact," "evidence" and
"fact-finding" in the field of philosophy and law to individual
case studies. As such it is a useful reference resource on the
continuing research on the judicial proof process for students and
scholars.
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.
This book presents an in-depth discussion on two concepts from the
field of philosophy and law, in order to improve our understanding
of the relation between "fact" and "evidence" in judicial process.
Since fact-finding is a difficult task for judges, proof by
evidence has been devised to help them access the truth. However,
in the process of judicial fact-finding, there is always a gap
between fact and truth. This book covers a wide range of topics,
from reflections on the concept of "fact," "evidence" and
"fact-finding" in the field of philosophy and law to individual
case studies. As such it is a useful reference resource on the
continuing research on the judicial proof process for students and
scholars.
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