Reflections on the Criminal Evidence Act 1898

1985 ◽  
Vol 44 (1) ◽  
pp. 62-86 ◽  
Author(s):  
R. J. C. Munday
Keyword(s):  
Human Nature ◽  
Wishful Thinking ◽  
The World ◽  
English Law ◽  
The Law ◽  
Law Of Evidence ◽  
As If

“The law is no stranger to the philosophy of ‘As if’. It has built up many of its doctrines by a make-believe that things are other than they are.” In writing these words, Benjamin Cardozo could easily have had in mind the English law of evidence. For a number of its rules can be seen to proceed upon postulates about human nature and about the structure of the world which are unverified and, one has reason to suspect, all too seldom accurate. This paper will examine one of the more arresting examples of this phenomenon, section 1(f) of the Criminal Evidence Act 1898, where English law adheres to a doctrine which, it is feared, derives from a blend of misconceptions and wishful thinking.

VI. The course of evidence

2018 ◽  
pp. 277-329
Author(s):  
Roderick Munday
Keyword(s):  
Essential Feature ◽  
Common Knowledge ◽  
Proper Understanding ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter concerns the principal rules governing examination in-chief, cross-examination, and re-examination of witnesses. Such an account is not entirely satisfactory because it is concerned with regulations that are either matters of common knowledge or else can be thoroughly mastered only by experience. However, the rules with which it deals have been highly characteristic of the English law of evidence. The elucidation of facts by means of questions put by parties or their representatives to witnesses mainly summoned by them has been an essential feature of the English ‘adversarial’ or ‘accusatorial’ system of justice. The chapter argues that not only is an appreciation of this procedure desirable for its own sake, but it is necessary for a proper understanding of such matters as the law concerning the admissibility of the convictions, character, and credibility of parties and witnesses.

1. Introduction, principles, and key concepts

2019 ◽  
pp. 1-9
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Key Concepts ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

6. Domicile, nationality, and habitual residence

2016 ◽  
Author(s):  
Jonathan Hill
Keyword(s):  
Common Law ◽  
Civil Law ◽  
International Agreement ◽  
Habitual Residence ◽  
Choice Of Law ◽  
The World ◽  
Permanent Home ◽  
English Law ◽  
The Law ◽  
Personal Law

The object of jurisdictional rules is to determine an appropriate forum and choice of law rules are designed to lead to the application of the most appropriate law, the law that generally the parties might reasonably expect to apply. The test for recognition of foreign judgments is not dissimilar. A judgment granted by an appropriate forum should normally be recognised. The problem is one of ascertaining the connecting factor (or factors) which would best satisfy the criterion of appropriateness. With regards to personal connecting factors, there is little international agreement as to the appropriate test of ‘belonging’. In England and most common law countries, the traditional personal connecting factor is domicile, which loosely translates as a person's permanent home. One of the problems here is that domicile is a connecting factor which is interpreted differently in various parts of the world. In contrast, most of continental Europe and other civil law countries have traditionally used nationality as the basic connecting factor, especially for choice of law purposes; the personal law is the law of the country of which the person is a citizen. In some countries, including England, another connecting factor, habitual residence, has emerged. This is increasingly being used for the purposes of jurisdiction rules and in the law relating to recognition of foreign judgments. This chapter examines each of these personal connecting factors. Primary emphasis is laid on domicile and habitual residence as the two main connecting factors employed by English law.

Cross & Tapper on Evidence

2018 ◽  
Author(s):  
Roderick Munday
Keyword(s):  
Fast Moving ◽  
Critical Appraisal ◽  
Case Law ◽  
Legal Literature ◽  
English Law ◽  
The Law ◽  
Law Of Evidence

Cross & Tapper on Evidence has become firmly established as a classic of legal literature. This thirteenth edition reflects on all recent changes and developments in this fast-moving subject. In particular, it fully examines new case law relevant to evidence of privilege, character, and hearsay. The inclusion of some comparative material provides an excellent basis for the critical appraisal of English law. This book remains the definitive guide to the law of evidence.

scholarly journals RECONCILIATION (Matt 5:21-26): INEVITABLE CONDITION FOR AUTHENTIC WORSHIP OF GOD.

2019 ◽  
Author(s):  
Anthony Ikechukwu Ezeogamba
Keyword(s):  
Christian Community ◽  
Library Research ◽  
The World ◽  
Long Time ◽  
The Law ◽  
As If ◽  
Forgiveness And Reconciliation

Remorse, forgiveness and reconciliation are three most inevitable and essential steps to peace. There can be no peace without remorse, forgiveness and reconciliation. The offender must be remorseful so as to elicit forgiveness in the offended and for reconciliation to exist between them. An offender must not pretend as if nothing happened. He must make the offended to drop his anger and release him, hence, peace and ability to make sacrifices that could be acceptable to God. Jesus did not come to abolish the Law or the Prophets, instead, he came to fulfill them (Matt 5:17). What Jesus actually meant by this fulfillment is the observance of the Spirit of the Law and not just the mere observance of the letters of the Law. One of the Laws that makes up the Decalogue says, "you shall not kill!" (Matt 5:21). Jesus expounded this Law to mean more than killing somebody physically. It involves also anything that might lead to some one's death either directly or indirectly. Such indirect killings include angry behaviour, and indeed any form of altercation. To emphasize this point he restrained his followers from worships/sacrifices when they are not at peace with their neighbours (Matt 5:21-26). The purpose of this article is to establish that sacrifices and offerings or worships done without reconciliation is hypocritical and God abhors such. The implication is that many of our worships are not acceptable to God because of lack of reconciliation or harmony between worshippers. The method to employ here is Library research which includes exegesis of Matt 5:21-26 from which we shall draw inference. This article argues that if the content of Matt 5:21-26 is properly understood and practiced by present day Christians in the world ; reconciliation and by implication peace would be easily achieved in the whole world. Then, majority of our sacrifices will be validly and adequately made through our conscious efforts. This article is relevant to every member of every Christian community because many of the present day Christians are not in harmony with one another yet they make sacrifices to God every Sunday and indeed every day. This is to the extent that majority of worshippers harbour anger for a very long time yet they make sacrifices (Eph 4:26-27). Hence majority will make amend .

Materialism and Spiritualism

1917 ◽  
Vol 63 (263) ◽  
pp. 494-506 ◽  
Author(s):  
Henry Maudsley
Keyword(s):  
Human Nature ◽  
The World ◽  
To Come ◽  
The Universe ◽  
Complete Regeneration ◽  
As If

Of all the consoling illusions which mankind have harboured to irradiate, hearten, seduce and dupe them in their onward way to the perfection, universal peace and brotherhood which they hope and expect to approach, if not attain—after the devastating deluge of this long war for an unknown Divine event is over—none is perhaps more wildly irrational than that of a complete regeneration of human nature, and the coming of a perfect transformation scene on the troubled earth; for all the world as if the method of vital progress which has been since the beginning of life is appointed to come abruptly to a stop, or to be reversed; with the optimistic belief, too, that life shall be thereby exalted and glorified immeasurably. Could the fatuity of egotistic optimism go farther? Was the universe specially created to be a stage on which man—equally with other species and the rest of animate nature—lives, suffers, decays, and dies, might play his transitory part? Was that the illusive goal which at its outset launched it on its transcendental aim and its mysterious career, along which it has groaned since in long protracted travail? Naturally in that matter the devotees of religion believe the most, hope the most, cry aloud the most; otherwise their faith might be rudely shaken.

scholarly journals Existing outside of the law: Kafka's philosophy of law

2020 ◽  
Vol 92 (4) ◽  
pp. 572-587
Author(s):  
Dragan Prole
Keyword(s):  
Legal System ◽  
Philosophy Of Law ◽  
Safe Haven ◽  
Jewish Refugees ◽  
The World ◽  
The Law ◽  
As If

Variations of the idea that regardless of how bad things are in the world of man, man's tendency to protect himself by creating illusionary presentations about it is worse, exist in many places in Kafka's works. If the origin of the leading among the fatal illusions of the present is connected to the need for security, safe haven, protection - the same need that laid the foundation for the necessity to introduce laws and develop a legal system - then important pages of Kafka's literature can be read in light of a type of negative anthropology. Its premises seem as if to testify to the betrayed human urge to protect every individual via courts and laws. The author pays special attention to the question of what it means to be outside of the law, stressing that the man from the country who remains before the law metaphorically represents Jewish refugees from Galicia who remained before the gates of Prague in 1914.

scholarly journals Sprawozdanie z konferencji „English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference

2021 ◽  
Vol 14 (2) ◽  
pp. 285-286
Author(s):  
Izabela Leraczyk
Keyword(s):  
The World ◽  
History Of ◽  
On Line ◽  
English Law ◽  
The Law ◽  
The University

Report of the “English Law and Colonial Connections: Histories, Parallels, and Influences”. On-line Conference The: “English Law and Colonial Connections: Histories, Parallels, and Influences conference” was held over the course of two afternoons, on January 26–27, 2020. It was organized by the Faculty of Law and Administration of the University of Łódź and Northumbria University in Newcastle. The symposium’s goal was to bring together researchers with interests in the history of English law and its influences on other parts of the world, particularly within an imperial context. An additional topic of the conference was the meaning of legacies and continuing influences of the empire and colonial influences of the law back to the Metropole. Nine lectures were delivered over the course of four sessions.

Res Gestae in the Law of Evidence

2007 ◽  
Vol 11 (3) ◽  
pp. 379-396
Author(s):  
Fraser Davidson
Keyword(s):  
The Law ◽  
Law Of Evidence
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