1 research outputs found
A holistic approach to the examination and analysis of evidence in Anglo-American judicial processes
This thesis is divided into three parts. Part I provides
a critique of the dominant approach to the analysis and
examination of evidence in Anglo-American writings. The
critique consists in showing that the dominant approach, on
account of its atomism, does not capture the complexity of
judicial fact-finding tasks or codify intuitive judgments about
them. Recent attempts offering either mathematical or
inductivist structures for the analysis of judicial evidence
are explained and criticized as a resurgence of interest
in atomistic analysis. Part III identifies a non-atomistic
body of thought outside the mainstream of the dominant tradition.
This body of thought is used as the starting-point for
developing a holistic approach to the examination and analysis
of evidence in Anglo-American judicial processes