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Table of Contents
Intro
Preface
Contents
Law and History: Major Themes
History, Science, Law ... and Truth: Reflections on Fact Finding in History, Science and Law
References
A Comparison of Fact-Finding Methodology in Evidence Law and History
1 Evidence Is a Common Problem Faced by History and Law
1.1 Historical Facts Are the Common Research Objects of History and the Evidence Law
1.2 The "Mirror of Evidence" Doctrine of Historical Fact-Finding
1.3 Both History and Evidence Law Are Facing Scientific and Technological Challenges
2 Differences Between Fact-Finding in History and Law
2.1 The Difference of Subject Responsibility: Judicial Finality and the Endless Exploration of History
2.2 Different Attitudes Towards Hearsay Are Determined by the Differences in Probandum
2.3 Fact-Finding in History Lacks the Concept of Materiality
2.4 Historical Evidence Analysis Lacks the Concept of Admissibility and the Definite Goal of "Justice-Seeking"
3 Explanation Theory of Historical Facts in History and IBE of the Evidence Law
4 Fact-Finding from the Perspective of Mutual Reference Between History and Law
4.1 A Situation of Majority of Evidence Owned by One Party and Resolution Measures
4.2 The Feasibility of Historical Interpretation of Evidence Rules
5 Conclusion
References
Facts and Proof: Concepts and Application
The Paradox of Proof: A Semiotic and Language-Based Critique
1 Introduction
2 Semiotic Model of Proof
2.1 Evidence as Signs: Indexes, Icons, and Symbols
2.2 The Semiotic Cycle
3 The Paradox of Proof
4 A Language Development Model
5 The Pre-modern
6 The Modern
6.1 Textual Representation and the Subject-Object Dyad
6.2 The Manifestation of Paradox in the Modern: The Law-Fact Dyad and the Conventional Theory of Juridical Proof
6.3 The Growth in Textual Literacy and the Rise of the Expert
6.4 The Impact of Documentary Evidence on Transaction Planning
6.5 Credit Bureaus as a Foreshadowing of the Future
7 The Post-modern
7.1 Digital Language, Triadic Thinking, and Computer Embodiment: Meta-Communication, Simulation, and the Semiotic Cycle
7.2 Disruptive Change in the Identity, Institutions, and Legitimation of Proof
7.3 Dynamic Transaction Planning and Re-conceptualizing the Boundaries of Proof
7.4 Testing the Limits of Evidence
8 Conclusion
References
Facts, Evidence and Proof: The Core Concepts of Law and History
1 Introduction: Analogy Between Law and History
2 The Concept of "Fact" in Law and History
2.1 Similarity Between Legal Facts and Historical Facts
2.2 The Difference Between Legal Facts and Historical Facts
2.3 Facts and Stories: What Can Law Learn from History?
3 The Concept of "Evidence" in Law and History
Preface
Contents
Law and History: Major Themes
History, Science, Law ... and Truth: Reflections on Fact Finding in History, Science and Law
References
A Comparison of Fact-Finding Methodology in Evidence Law and History
1 Evidence Is a Common Problem Faced by History and Law
1.1 Historical Facts Are the Common Research Objects of History and the Evidence Law
1.2 The "Mirror of Evidence" Doctrine of Historical Fact-Finding
1.3 Both History and Evidence Law Are Facing Scientific and Technological Challenges
2 Differences Between Fact-Finding in History and Law
2.1 The Difference of Subject Responsibility: Judicial Finality and the Endless Exploration of History
2.2 Different Attitudes Towards Hearsay Are Determined by the Differences in Probandum
2.3 Fact-Finding in History Lacks the Concept of Materiality
2.4 Historical Evidence Analysis Lacks the Concept of Admissibility and the Definite Goal of "Justice-Seeking"
3 Explanation Theory of Historical Facts in History and IBE of the Evidence Law
4 Fact-Finding from the Perspective of Mutual Reference Between History and Law
4.1 A Situation of Majority of Evidence Owned by One Party and Resolution Measures
4.2 The Feasibility of Historical Interpretation of Evidence Rules
5 Conclusion
References
Facts and Proof: Concepts and Application
The Paradox of Proof: A Semiotic and Language-Based Critique
1 Introduction
2 Semiotic Model of Proof
2.1 Evidence as Signs: Indexes, Icons, and Symbols
2.2 The Semiotic Cycle
3 The Paradox of Proof
4 A Language Development Model
5 The Pre-modern
6 The Modern
6.1 Textual Representation and the Subject-Object Dyad
6.2 The Manifestation of Paradox in the Modern: The Law-Fact Dyad and the Conventional Theory of Juridical Proof
6.3 The Growth in Textual Literacy and the Rise of the Expert
6.4 The Impact of Documentary Evidence on Transaction Planning
6.5 Credit Bureaus as a Foreshadowing of the Future
7 The Post-modern
7.1 Digital Language, Triadic Thinking, and Computer Embodiment: Meta-Communication, Simulation, and the Semiotic Cycle
7.2 Disruptive Change in the Identity, Institutions, and Legitimation of Proof
7.3 Dynamic Transaction Planning and Re-conceptualizing the Boundaries of Proof
7.4 Testing the Limits of Evidence
8 Conclusion
References
Facts, Evidence and Proof: The Core Concepts of Law and History
1 Introduction: Analogy Between Law and History
2 The Concept of "Fact" in Law and History
2.1 Similarity Between Legal Facts and Historical Facts
2.2 The Difference Between Legal Facts and Historical Facts
2.3 Facts and Stories: What Can Law Learn from History?
3 The Concept of "Evidence" in Law and History